LIFE  AND  WRITINGS 


OF 


ALEXANDER  JAMES  DALLAS. 


BY    HIS    SON, 

GEORGE   MIFFLTN   DALLAS. 


UNI  M3.RSIT7 


PHILADELPHIA : 

J.    B.    LIPPINCOTT     &    CO. 
1871. 


Entered,  according  to  Act  of  Congress,  in  the  year  1871,  by 

J.    B.   LIPPINCOTT   &   CO., 

^  9.  ^/  ^ 

In  the  Office  of  the  Librarian  of  Congress  at  Washington. 


I  THINK  it  right,  in  giving  this  volume  to  the  world,  to  say 

that  it  was  fully  prepared  for  the  press  by  my  father  in  1862, 

two  years   before   his   decease,— and  that   its  publication   has 
been  delayed  by  circumstances  over  which  I  had  no  control. 

JULIA  DALLAS. 

PHILADELPHIA,  15  February,  1871. 


(iii) 


PREFACE. 


A  DELAY  of  forty-five  years  in  issuing  this  publication  can 
be  ascribed  with  justice  only  to  the  exigencies  of  professional, 
and  the  duties  of  public  life. 

Nor  do  I  regret  the  delay.  Numerous  changes  in  the  plan 
first  formed  have  been  calmly  considered  and  adopted.  Im 
mense  piles  of  correspondence  were  subjected  to  repeated  win 
nowing.  The  desire  to  simplify  and  compress  as  much  as  a 
distinct  development  of  character  could  authorize,  increased 
with  the  lapse  of  time. 

Some  of  the  letters  to  and  from  Mr.  Dallas  are  incorporated 
in  the  text,  furnishing,  as  they  do,  the  best  possible  insights 
into  particular  periods  of  his  life,  and  connected,  as  they  are, 
with  events  of  the  day.  Those  of  Mr.  Madison  and  Mr.  Du- 
ponceau  are  set  apart  as  entitled  to  separate  preservation,  be 
cause  they  were  revised  and  returned  to  me  by  their  respective 
writers  with  that  view. 

So  also,  as  illustrating  argumentative  and  oratorical  powers, 
extracts  are  made  from  certain  speeches,  more  or  less  ample,, 
as  perspicuity  or  the  importance  of  the  subject  seemed  to  re 
quire  ;  but  no  formal  collection  of  innumerable  and  brilliant, 
displays  at  the  bar  is  attempted.  Such  a  collection,  while  it 
could  have  but  little  general  interest,  would  necessarily  lead, 
into  a  labyrinth  of  detail. 


vi  PREFACE. 

In  the  effort  to  avoid,  as  far  as  possible,  the  seductions  to 
frequent  eulogy,  I  tremble  under  the  apprehension  lest  there 
may  have  been  too  stern  an  adherence  to  cold  facts  and  in 
contestable  records.  My  personal  feelings,  however,  could  not 
be  allowed  to  intrude  themselves  on  the  reader ;  and  I  have 
never  doubted  that  plain,  unexaggerated  truth,  as  respects 
my  father's  life,  character,  and  services,  would  constitute  the 
noblest  monument  to  his  memory. 

G.  M.  D. 

PHILADELPHIA,  10  July,  1862. 


CONTENTS. 


PREFACE    ...........        T. 

MEMOIR 9-146 

APPENDICES. 

No.  1.  Letters  from  the  Executive  of  Pennsylvania  to  the  Ex 
ecutive  of  the  United  States— 1794  ....  149-159 

No.  2.  Features  of  Mr.  Jay's  Treaty •     160-210 

No.  3.  Memorial  to  Legislature  against  calling  a  Convention, 
and  Address  to  the  ^Republicans  of  Pennsylvania — 
1805 210-233 

No.  4.  Official  Letters  to  the  Committee  of  "Ways  and  Means — 

1814-1815-1816    234-299 

No.  5.  An  Exposition  of  the  Causes  and  Character  of  the  War 

—1815 299-367 

No.  6.  Organization  of  the   Military  Peace  Establishment  of 

the  United  States — 1815 367-377 

Letters  of  Mr.  Duponceau  to  Mr.  Dallas,  revised  and  corrected 

by  himself— 1814-1815-1816        .        .        .        .         .     377-397 

Letters  between  the  President  and  the  Secretary— 1815     .         .     397-449 

Letters  between  the  President  and  the  Secretary— 1816   .        .     449-482 

(vii) 


THE 


0?   T' 

UNIVERSITY 


LIFE   AND   WRITINGS 


OF 


ALEXANDER  JAMES  DALLAS. 


THE  subject  of  tins  sketch  was  born  in  the  Island  of 
Jamaica,  on  the  21st  of  June,  1759.  His  father,  Robert 
Charles  Dallas,  had  emigrated  from  Scotland,  and,  after 
a  career  of  much  reputation  and  success  as  a  physician, 
returned  from  the  West  Indies,  for  the  double  purpose  of 
benefiting  his  own  health  and  of  educating  his  children, 
first  to  Edinburgh  and  subsequently  to  London. 

The  family  name  would  appear  to  have  originated  on 
the  verge  of  the  Scottish  Highlands,  to  have  gradually 
extended  through  various  shires,  and,  from  remote  times, 
to  have  stood  in  high  credit.  Its  derivative  meaning  is 
Dal  and  uisg,  "the  house  in  the  dale."  In  a  rich  and 
beautiful  quarto  volume,  "  The  Book  of  the  Thanes  of 
Cawdor,"  printed  in  1859  by  the  present  earl,  it  often 
recurs,  as  early  as  the  fourteenth  century,  associated  with 
important  transactions,  and  undergoing  the  transitions  of 
"Dolace,  Dollcs,  Dales,  and  Dalace,"  springing  from  variety 
of  pronunciation. 

While  a  pupil  of  the  celebrated  Elphinston,  whose 
academy  was  at  Kensington,  in  the  immediate  vicinity  of 
London,  Alexander  became  distinguished  for  his  pro 
ficiency, — so  much  so  as  to  attract  the  kind  attention  of 
two  illustrious  visitors  of  his  teacher,  Dr.  Benjamin 
Franklin  and  Dr.  Samuel  Johnson,  the  former  often  in 
viting  him  to  his  house,  and  the  latter  sending  him,  as  a 
testimony  of  approbation,  a  copy  of  his  "Rambler." 

His  progress  and  prospects  were  interrupted  and 
clouded  by  the  death  of  his  father,  whose  estates  in 
Jamaica,  greatly  reduced  in  productive  value  by  their 

2  (9) 


10  LIFE   OF  A    J.  DALLAS. 

owner's  absence,  passed  finally  into  the  hands  of  testa 
mentary  trustees,  and  were,  as  usual,  neglected. 

His  mother,  a  lady  of  Irish  descent,  and  originally 
called  "Camac,"  married  Captain  Sutherland,  of  the 
British  navy,  after  a  short  widowhood ;  and,  aware  of 
the  nature  and  probable  treatment  of  their  distant  prop 
erty,  encouraged  her  sons  to  look  to  other  sources  for 
support  and  independence.  Of  these  there  were  three 
besides  the  subject  of  this  memoir:  two  older,  Robert 
and  Stuart,  and  one  younger,  Charles.  There  were  also 
two  daughters,  Charlotte  and  Elizabeth. 

Alexander,  in  his  fifteenth  year,  was  without  the  hope 
or  the  means  of  completing  the  course  of  study  he  had 
advantageously  begun.  Hurried  by  parental  solicitude 
to  seek  active  occupation,  he  at  first  enrolled  his  name  at 
the  Temple  as  a  candidate  for  professional  life,  but  was 
soon  induced  to  take  what  was  considered  a  safer  and 
shorter  path  and  to  engage  as  clerk  and  accountant  in  ar 
ranging  the  business  of  a  merchant  of  the  name  of  Gray, 
who  had  married  the  sister  of  his  mother,  and  whose  con 
cerns  were  alike  extensive  and  embarrassed.  It  was 
during  this  trying  period  of  early,  unlooked-for,  and  in 
cessant  drudgery  that  he  contracted  the  powers  and  habits 
of  industry  for  which  he  was  ever  afterwards  remarkable, 
and  that  he  exhibited,  even  while  excessive  toil  and  con 
finement  undermined  his  strength,  his  well-known  unsub 
dued  buoyancy  of  spirit  and  great  versatility  of  talent. 

At  the  expiration  of  about  two  years,  Mr.  Gray  sud 
denly  left  his  pursuits  and  his  country,  and  Mr.  Dallas 
rejoined  his  parent  and  sisters,  then  residing  in  Devon 
shire.  Once  more  relieved  from  compulsory  labor,  he 
renewed,  with  unabated  ardor,  his  application  to  ancient 
and  modern  literature,  and  hastened,  with  the  aid  of  a 
private  instructor,  to  acquire  that  portion  of  scholarship 
and  learning  seen  judiciously  displayed  in  his  speeches, 
writings,  conversation,  and  amusements.  Here,  too, 
borne  awray  by  the  fashion  of  the  place  and  of  the  day, 
he  combined  the  soldier  with  the  poet,  procuring  a  com 
mission  for  the  one,  and  for  the  other  successfully  appeal 
ing  to  the  tastes  of  his  friends  and  the  public.  And  here 
he  formed  that  attachment  ^p  Arabella  Maria,  daughter 
of  Major  George  Smith,  of  the  British  army,  to  which  he 
has  ascribed,  in  his  will,  all  the  happiness  and  prosperity 


LIFE    OF  A.  J.  DALLAS.  11 

he  subsequently  enjoyed.  Their  union  was  solemnized  at 
Alphington  church,  in  Devonshire,  on  the  4th  of  Septem 
ber,  1780,  himself  being  then  but  just  turned  of  one-and- 
twenty,  and  his  bride  scarcely  sixteen  years  of  age. 

Mrs.  Sutherland  having  recently  gone  to  Jamaica,  the 
youthful  couple  proceeded  to  London,  in  order  to  follow 
her,  in  the  fleet  then  preparing  to  sail ;  and,  after  residing 
some  months  with  their  elder  sister,  Charlotte,  shortly 
before  married  to  Captain  George  Anson  Byron,  of  the 
navy,  they  finally  quitted  England.  On  landing  in  the 
West  Indies,  they  were  welcomed  by  all  the  members  of 
their  family,  among  whom  was  Major  Smith,  whose  con 
stant  absence  from  home  on  military  duty  had  prevented 
his  seeing  his  daughter  since  her  infancy,  but  who,  with 
many  friends,  greeted  them  writh  the  utmost  affection  and 
cordiality.  Inducements  were  offered  to  Mr.  Dallas  to 
make  his  stay  permanent  Governor  Dalling  appointed 
him  a  Master  in  Chancery.  Lucrative  business  was 
promised,  and  promotion  in  fortune  and  honors  con 
fidently  predicted.  He  soon  perceived,  however,  that 
the  climate  disagreed  with  his  wife;  that  the  patrimonial 
estate  had  been  fatally  involved  by  mismanagement;  that 
the  most  painful  and  irreconcilable  of  all  controversies, 
domestic  ones,  had  arisen  among  those  whom  he  loved 
best,  and  that  the  place  of  his  nativity  was  the  least 
auspicious  to  his  happiness  or  his  ambition. 

While  meditating  a  return  to  England,  and  half  tempted 
by  the  frank  offer  of  a  curacy  in  Ireland,  to  devote  him 
self  to  the  church,  a  casual  incident  sufficed  to  kindle  his 
enthusiasm,  to  confirm  his  enterprise,  and  to  fix  his  future 
destinies.  At  the  country  residence  of  Major  Smith,  he 
met  Mr.  Lewis  Hallam,  who  had  lived  for  several  years 
in  the  united  colonies  prior  to  their  revolution,  whose  lit 
erary  tastes  and  talents  were  congenial  with  his  own,  who 
had  personally  witnessed  the  causes  and  progress  of  the 
great  struggle  then  terminating,  and  who  delineated  in 
terms  of  animated  eulogy  the  social  condition,  free  prin 
ciples,  and  high  hopes  of  the  American  people.  His 
resolution  was  formed,  and  remained  inflexible.  Collect 
ing  as  rapidly  as  possible  what  of  his  father's  special  be 
quest  to  him  could  be  rescued  from  the  general  wreck — 
a  sum  not  exceeding  three  thousand  dollars — and  with  but 
two  letters  of  introduction  and  of  credit  to  Mr.  William 


12  LIFE    OF  A.  J.  DALLAS. 

Bingham  and  Mr.  Robt.  Morris,  he  embarked  for  the 
States  on  the  10th  of  April,  and  on  the  7th  of  June,  1783, 
after  a  voyage  of  much  peril  and  extreme  tediousness, 
reached  New  York.  He  immediately  proceeded  to  Phil 
adelphia,  and,  on  the  tenth  day  after  landing,  took  the 
prescribed  oath  of  allegiance  to  the  Commonwealth  of 
Pennsylvania. 

At  this  epoch  the  war  for  independence  had  closed. 
A  cessation  of  hostilities  had  been  proclaimed  on  the  19th 
of  April,  although  the  definitive  treaty  of  peace  between 
his  Britannic  Majesty  and  the  United  States  of  America 
was  not  signed  till  the  3d  of  September,  1783,  and  Sir 
Guy  Carleton  lingered  in  garrison  with  his  troops  at  New 
York,  which  he  did  not  finally  evacuate  before  the  25tk 
of  November  following. 

At  the  age  of  four-and-twenty,  with  a  wife  whom  he 
tenderly  loved,  with  scanty  provision  for  an  uncertain 
future,  but  with  dauntless  moral  energies  and  large  intel 
lectual  resources,  Mr.  Dallas  found  himself  the  citizen  of 
a  new  world,  in  the  midst  of  strangers,  and  without  any 
definite  pursuit.  He  had  placed  an  ocean  between  him 
and  all  his  past  associations.  The  refuge  of  kindred,  the 
encouragement  of  friends,  the  sustaining  and  soothing 
consciousness  of  being  known  and  appreciated,  the  thou 
sand  aids  and  alleviations  which,  in  places  of  birth  and 
continued  residence,  give  certainty  as  well  as  sweetness 
to  exertion,  he  had  voluntarily  and  sternly  abandoned. 
A  vigorous  hope  never  deserted  him.  Prepared  for  every 
sort  of  mental  activity,  he  felt  assured  of  attaining  at  last, 
however  slowly,  the  success  rarely  denied  to  willing  per 
severance. 

His  personal  exterior  and  accomplishments  were  fitted 
to  attract  and  conciliate.  To  a  figure  at  once  tall  and 
erect  was  united  a  deportment  alike  frank  and  graceful. 
His  complexion  was  florid,  his  nose  aquiline,  his  eyes 
large  and  blue,  his  forehead  high  and  open,  and  his  mouth 
formed  with  uncommon  distinctness  and  delicacy.  Vi 
vacity,  candor,  and  cordiality  were  blended  in  the  general 
expression  of  his  countenance.  These  traits,  embellished 
by  the  freshness  of  youth,  and  a  ready  colloquial  talent, 
could  not  but  constitute  an  ample  passport  in  ordinary 
intercourse. 

On  entering  the  city  of  Philadelphia,  as  utterly  friend- 


LIFE    OF  A.  J.  DALLAS.  13 

less  as  unknown,  a  happy  chance  led  him  for  lodgings  to 
a  boarding-honse  in  Front  Street,  above  Arch,  the  prin 
cipal  rooms  of  which  were  occupied  as  offices  by  Mr. 
Jonathan  Burrall,  commissioner  for  settling  the  accounts 
of  the  Commissary  and  Quartermaster's  Departments  of 
the  revolutionary  army.  An  acquaintance  with  this  gen 
tleman  was  immediately  formed,  which  rapidly  ripened 
into  mutual  esteem,  and  ultimately  into  a  friendship  that 
no  circumstances  afterwards,  in  the  slightest  degree,  in 
terrupted  or  impaired.  It  is  due  to  the  basis  and  ardor 
of  this  attachment,  prolonged  and  uniform  for  thirty- 
three  years,  to  add  that  its  parties  were,  from  first  to  last, 
with  equal  sincerity  and  almost  equal  warmth,  of  opposite 
sentiments  in  politics. 

At  the  outset  of  his  American  life,  Mr.  Dallas  encoun 
tered  an  obstacle  as  wholly  unexpected  as  it  was  serious. 
He  left  Jamaica  under  the  impression  that  he  could,  with 
little  delay,  on  his  arrival  here,  act  upon  his  long-cher 
ished  preference  for  the  legal  profession,  and  find  in  the 
profits  of  an  attorney  an  adequate  security  against  want. 
For  this  purpose  he  had  sedulously  prepared  himself. 
The  rules  of  the  courts,  however  (modified,  as  peace  ap 
proached,  under  the  dread  of  interfering  immigration), 
exacted,  as  a  qualification  for  admission  to  practice,  a 
residence  in  the  State  of  two  years,  and  he  was  thrown, 
at  the  most  critical  moment,  upon  expedients  and  projects 
to  which  he  had  not  before  thought  of  appealing.  He 
bore  the  disappointment  patiently,  improved  the  interval 
by  closely  studying  the  statutes  of  provincial,  congres 
sional,  and  State  legislation,  and  cheerfully  gave  himself 
to  any  honest  exercise  of  his  faculties  for  compensation. 

Mr.  Burrall,  in  the  course  of  an  intimacy  of  a  few 
weeks,  perceived  in  his  fellow-lodger  the  rare  sagacity 
and  accuracy  in  explaining  and  adjusting  matters  of  ac 
count  which  he  had  acquired  in  the  service  of  his  uncle, 
Mr.  Gray.  He  was  invited,  at  a  moderate  salary,  to  a 
desk  in  the  commissioner's  office,  and,  speedily  confirming 
the  trust  reposed  in  his  skill  and  industry,  soon  enlarged 
his  reputation,  and  with  it  his  employments  and  means. 
Before  the  year  was  out,  his  confidence  in  his  prospects 
was  such  as  to  justify  his  forming  his  own  establishment 
in  a  neighboring  house,  which  he  rented  from  Mr.  James 
C.  Fisher. 


14  LIFE    OF  A.  J.  DALLAS. 

Early,  too,  in  the  spring  of  1784,  be  enlisted  with  zeal 
and  ingenuity  in  a  project  with  which  Mr.  Lewis  Hallam 
returned  from  Jamaica, — the  introduction  of  the  regular 
drama  into  Philadelphia.  Theatres  were,  as  yet,  little 
known  and  much  reprobated  in  the  United  States.  Pub 
lic  opinion  and  prohibition  had  been  strongly  and  steadily 
opposed  to  them.  The  private  performances  at  Boston 
in  1750,  the  fitful  efforts  of  a  strolling  company  of  players 
at  Providence  and  at  New  York  in  1758  and  1762,  and  the 
languid  pretensions  of  Mr.  Hallam  himself  as  a  manager, 
before  the  war,  had  only  confirmed  the  general  dislike. 
Economical  habits  and  strict  principles  recoiled  from  an 
amusement  which,  in  its  then  rude  and  imperfect  con 
dition,  could  manifest  none  of  its  ameliorating  and  in 
structive  tendencies,  and  seemed  chiefly  dangerous  to  sim 
plicity  of  manners  and  purity  of  life.  During  the  contest 
with  the  mother-country,  men  had  neither  leisure  nor 
wish  for  diversion  of  any  kind,  and  perhaps  the  known 
fact  that  dramatic  representations  were  a  favorite  pastime 
among  the  officers  of  the  invading  army  deepened  still 
more  the  prejudices  of  those  whose  sufferings  and  wrongs 
appeared  to  be  mocked  by  such  ill-timed  frivolities.  In 
Pennsylvania,  they  were  explicitly  proscribed  under  the 
statutory  classitication  of  "vice  and  immorality;"  and 
were,  besides,  the  objects  of  a  condemnation  even  more 
impressive  and  uncompromising  than  that  of  law,  from  a 
^religious  society  whose  numbers,  virtues,  and  wealth  ex 
ercised  an  almost  irresistible  influence.  Nevertheless, 
the  memorial  of  Mr.  Hallam  to  the  local  legislature  was 
drawn  by  Mr.  Dallas,  soliciting  the  exemption  of  his  plan 
from  the  operation  of  the  act  of  Assembly;  and,  during 
the  pendency  of  that  application,  instantly,  loudty,  and 
ably  opposed,  though  ultimately  granted,  Mr.  Dallas  de 
vised  a  mode  of,  in  some  measure,  disarming  the  repug 
nance  and  inoculating  the  taste  of  the  community.  The 
dexterity  of  the  contrivance  and  of  its  execution  was  re 
paid  by  complete  triumph.  Obtaining  the  written  opin 
ion  of  Mr.  Jared  Ingersoll  on  the  lawfulness  of  the  pro 
ceeding,  Mr.  Hallam  opened  his  " Lectures  upon  Heads  and 
other  subjects,"  in  the  course  of  which,  himself  the  only 
actor,  he  personated  many  characters,  and  adroitly,  by 
recitation  or  mimicry,  refined  the  feelings  or  provoked 
the  merriment  of  his  audience.  His  "Long-room"  was 


LIFE   OF  A.  J,  DALLAS.  15 

always  thronged.  The  utmost  industry  of  Mr.  Dallas 
and  his  best  talent  at  various  composition  were  taxed  to 
mould  and  diversity  the  "lectures."  Their  effect  more 
than  met  the  expectations  of  the  author  or  the  performer ; 
to  the  one  the  profits  were  ample,  to  the  other  they 
brought  an  enlargement  of  reputation  as  a  writer,  and 
finally  the  success  of  a  good  cause  in  the  reconciliation 
of  popular  sentiment  to  a  regular  theatre. 

A  fondness  for  dramatic  exhibitions  in  their  higher 
grades,  is  inseparable  from  cultivated  intellect.  To  see 
brought  as  near  to  present  reality  as  possible  the  incidents 
of  history,  the  moral  combinations  of  fiction,  the  delin 
eations  of  peculiarities,  whether  national  or  individual, 
the  tendencies  of  uncontrolled  passions,  the  alleviating 
sallies  of  wit,  and  the  native  glories  of  virtue,  is  a  diver 
sion  the  zest  of  which  augments  with  every  increase  of 
reading,  reflection,  or  experience.  Perverted  and  debased 
as  it  sometimes  is,  like  every  other  human  art  or  faculty, 
it  can  never  fail  to  be  alike  instructive  and  ennobling  in 
its  true  condition.  It  was  thus  that  Mr.  Dallas  appre 
ciated  the  stage,  and  ardently  sought  its  establishment. 
His  memory  was  laden  with  the  pages  of  Shakspeare,  of 
whom  he  was  an  enthusiastic  admirer,  and  familiar  with 
the  choice  productions  of  the  later  English  dramatists. 
He  witnessed  several  performances  of  David  Garrick,  at 
Drury  Lane,  during  the  closing  years  of  that  great  re 
former  of  the  art.  And  having  essentially  contributed  to 
the  popularity  and  success  of  the  theatre  in  Philadelphia, 
he  regarded  it  as,  in  a  measure,  his  own  creation,  with  a 
partiality  which  the  toils  of  law-practice,  the  solicitudes 
of  politics,  or  the  cares  of  state,  could  never  damp  or 
repress.  An  autograph  fragment  found  among  his  man 
uscripts  indicates  his  having  prepared  the  plot  of  a  sen 
timental  comedy,  seemingly  to  conciliate  public  sympathy 
towards  a  certain  class  of  American  loyalists,  and  its 
beauty,  purity,  and  point,  short  as  it  is,  make  us  regret 
that  he  should  have  left  his  design  unfinished.  At  times, 
and  for  special  occasions,  he  wrote  unacknowledged  ad 
dresses,  prologues,  and  epilogues,  for  the  benefit  of  those 
whom  he  esteemed  as  actors  or  cherished  as  friends.  He 
habitually,  during  a  series  of  years,  repaired  from  the 
court- room,  as  soon  as  its  business  was  adjourned  in  the 
evening,  to  the  theatre,  where  he  remained  for  about  half 


16  LIFE    OF  A.  J.  DALLAS. 

an  hour,  in  the  farthest  corner  of  a  distant  box,  giving 
himself  wholly  to  the  relaxation,  and  enjoying  his  favor 
ite  department  of  criticism. 

Mr.  Dallas  displayed,  while  young,  and  never  ceased  to 
possess  one  rare  faculty,  often  remarked  by  those  who 
knew  him  intimately,  and  which  eminently  conduced  to 
his  own  happiness  and  to  the  happiness  of  all  around  him. 
Most  persons  of  vigorous  and  disciplined  understandings 
are  competent  to  severe  and  protracted  exertion.  Intense 
thought  and  study  seem  in  some  the  natural  course  of 
existence.  Others  achieve  wonders  by  temporary  seclu 
sion  and  labor.  It  falls  to  the  lot  of  very  few,  however, 
to  be  able  to  reconcile  the  most  effective  throes  of  mind 
with  the  readiest  social  intercourse ;  to  exert  the  power 
of  compressing  instantly  the  intellect  to  its  utmost  force, 
and  of  as  instantly  unbending  into  ease  and  vivacity. 
The  effects  of  abstraction  are  seldom  dispelled  by  mere 
volition  ;  they  cling  to  the  animal  spirits,  shade  the  coun 
tenance,  benumb  the  organs  of  speech,  and  are  slow  in 
yielding  to  external  exigencies.  Hence  they  whose  sta 
tions  or  pursuits  exact  profound  meditation  gradually 
cease  to  be  what  are  termed  men  of  the  world,  and,  at 
home  or  abroad,  are  incapable  of  that  prompt  and  light 
communion  so  fertile  of  domestic  endearment  and  so 
graceful  in  general  society.  It  was  otherwise  with  him 
of  whom  we  are  treating.  He  would  retire  to  his  office, 
grapple  at  once  with  the  most  abstruse  question  of  law, 
arrange  an  entangled  mass  of  facts,  or  resume  a  current 
of  original  composition,  without  any  apparent  effort: 
when,  too,  thus  involved,  he  was  regardless  of  interrup 
tion,  and  at  the  call  of  affection  or  of  frolic  would  break 
off*  with  joyous  abruptness,  and  betray  not  the  slightest 
symptom  of  preoccupation.  How  constantly  did  these 
transitions  surprise  and  delight  his  friends  !  Most  fre 
quently  they  were  manifested  when  his  children,  heedless 
of  his  labors,  invoked  his  enlivening  presence,  always 
finding  him  in  their  fireside  sports  of  "  Musical  panto- 
mime/'  "How  do  you  like  it,"  "So  does  the  mufti,"  and  others, 
their  gayest  companion.  During  his  most  arduous  pro 
fessional  toils,  which  day  after  day  attested  at  the  bar  the 
devotion  of  his  zeal  and  the  elaborateness  of  his  prepara 
tion,  he  would  mingle,  with  unclouded  freshness,  in  scenes 
of  conviviality  and  amusement.  A  single  instance  may 


LIFE    OF  A.  J.  DALLAS.  17 

adequately  illustrate  this  trait  of  character.  Late  in  the 
evening  he  was  busily  engaged  in  methodizing  notes  for 
his  argument  in  the  morning  before  Judge  Washington 
in  the  celebrated  "  Olmstead  case,"  while  his  family  circle 
in  the  adjoining  parlor  were  equally  intent  on  framing  a 
set  of  original  "  conversation  cards."  The  youthful  party 
undertook  to  write  on  one  side  of  each  blank  card  an 
emphatic  or  leading  word,  and  on  the  other  side  an  ap 
propriate  couplet.  A  burst  of  boisterous  mirth  drew 
him  from  his  office,  and  being  immediately  apprised  of 
the  nature  of  the  pastime,  and  called  upon  to  assist,  he 
remained  for  about  fifteen  minutes  absent  from  his^pap.Qrs, 
and  endorsed  several  of  the  cards  with  lines'  of  poetry: 

0?  T^ 

MISS  LIVINOSIONE.  JJfl  J  y.  * 


O'er  lifeless  marble  let  Pygmalion 
We  hail  the  graces  of  a  Living-stone" 


FRIENDSHIP. 


'4£&Ss,l£ 


The  delusions  of  life  will  teach  you  ere  long 
To  compound  for  no  good,  if  you  suffer  no  wrong  ; 
For  friendship  romantic  in  search  while  you  go, 
Every  man  is  my  friend,  sir,  who  is  not  my  foe. 

HOME. 

That  home  is  home  I  can't  agree  ; 

For  let  me  with  my  Mary  roam 
Through  ev'ry  land,  o'er  ev'ry  sea, 

I  still  will  find  myself  at  home. 
The  spot  of  birth,  the  seat  of  fame, 

The  cottage  thatch,  or  palace  dome, 
May  mark  an  era,  give  a  name, 

But  Mary's  bosom  is  my  home. 

The  term  of  probation  having  expired,  Mr.  Dallas  was 
admitted  as  attorney  and  counsellor  in  the  Supreme  Court 
of  Pennsylvania,  on  the  13th  of  July,  1785.  At  that 
period,  the  law  was  "rudis  indigestaque  moles;"  but  happily 
its  administration  and  practice  were  in  the  hands  of  men 
fitted  by  strength  of  mind,  integrity  of  principle,  and 
untiring  energies  to  settle  the  foundations  of  a  system  in 
harmony  with  the  real  wants  of  the  people  and  their  new 
political  institutions.  If  some  errors  were  committed 
which  subsequently  demanded  bold  remedies,  it  is  never- 


18  LIFE   OF  A.  J.  DALLAS. 

theless  scarcely  possible  to  exaggerate  the  services  ren 
dered  to  the  Commonwealth  of  which  they  were  citizens 
by  the  McKeans,  the  Wilsons,  the  Bradfords,  the  Inger- 
solls,  the  Rawles,  the  Lewises,  and  the  Tilghmans  of  that 
day.  The  individual  fame  of  lawyers  is  not  often  wide, 
and  seldom  outlives,  except  in  the  ranks  of  the  profes 
sion,  the  generation  to  which  they  belong;  but  the 
good  they  do  as  a  body  constituted  of  bench  and  bar, 
when  learned,  patriotic,  and  indefatigable,  remains,  per 
haps  forever,  operative  and  imperishable.  In  a  young 
and  free  country,  where  impulse  and  consistency  are  to 
be  given  to  the  maxims  of  liberty  and  the  rules  of  right ; 
where  constitutional  injunctions  are  to  be  rigidly  enforced, 
and  property  to  be  acquired,  transmitted,  and  protected, 
conformably  to  fresh  modifications  of  legislation  and  un 
tried  structures  of  jurisdiction ;  no  class  of  intellectual 
laborers  produces  results  equally  permanent  and  exten 
sive.  I  Becoming  the  agents  of  every  other  class  in  suc 
cession, —  to  advise,  vindicate,  or  redress,  —  the  general 
tendency  of  their  united  influence  is  to  impart  confidence 
to  truth,  boldness  to  freedom,  and  stability  to  order.  The 
epoch  of  76,  especially  as  delineated  by  the  doctrines 
of  the  Declaration  of  Independence,  required  social  as 
the  necessary  adjunct  of  political  change.  It  was  obvious 
that  the  pyramid,  alleged  to  be  an  appropriate  emblem 
of  monarchy,  could  not  be  converted  into  the  republican 
cube  without  resettling  the  base  and  altering  the  bearings 
of  all  the  parts.  ISTo  two  citizens  could  thereafter  have 
precisely  their  former  relations  to  each  other,  without 
imperfection  in  the  substituted  code.  Rank,  privilege, 
primogeniture,  entail,  freehold,  coercive  church,  tithes, 
and  the  countless  other  minute  props  of  aristocratic  organ 
ization  were  destined  to  be  practically  met  and  demol 
ished  wherever  found  lurking.  The  spirit,  as  well  as  the 
letter,  of  recognized  truths  was  to  be  carried  out  in  all 
the  channels  of  men's  business;  and  the  great  idea 
equality,  at  all  times,  with  all  persons,  and  under  all  cir 
cumstances,  to  receive  its  just  application.  For  the  exe 
cution  of  these  high  objects,  our  lawyers  offered,  besides 
their  abilities  and  virtues,  the  guarantees  of  mutual  watch 
fulness  and  public  discussion.  Very  few  years  elapsed 
before  Mr.  Dallas  ranged  himself  among  the  foremost  to 
whom  we  have  referred  ;  and  his  professional  exertions 


LIFE   OF  A.  J.  DALLAS.  19 

were  often  made  on  occasions  of  extreme  public  and 
political  interest. 

His  spare  time  was  employed  in  superintending  several 
literary  periodicals,  among  which  The  Columbian  Maga 
zine  attracted  most  regard.  This  miscellany  appears  to 
have  been  assigned  by  its  proprietors  to  his  management 
in  1787,  after  having  been  under  the  direction  of  the 
justly-celebrated  Francis  Hopkinson,  whose  merit  as  a 
writer  was  established  by  a  number  of  effective  satires,  in 
prose  and  in  poetry,  as  well  as  by  essays  of  a  severer  cast. 
The  circumstance  of  bis  superseding  this  veteran  author, 
at  so  early  a  period,  as  editor  of  the  publication,  is  strong 
proof  of  the  respect  which  he  had  already  inspired  for  his 
attainments  and  qualities, — a  respect  in  which  his  prede 
cessor,  the  Admiralty  Judge  of  Pennsylvania,  very  frankly 
united. 

To  the  labors  of  law  and  of  literature  Mr.  Dallas  soon 
added  the  distractirig  ones  of  politics.  To  a  generous  and 
enlightened  mind  no  field  of  public  action  could  be  more 
attractive  than  that  presented  by  the  United  States.  A 
people  accustomed  to  the  enjoyment  and  exercise  of  liberty 
in  their  social  relations  had  begun  the  experiment  of  self- 
government,  whose  foundations  were  laid  in  an  independ 
ence  proclaimed  upon  the  broadest  principles  and  consum 
mated  with  unrivalled  wisdom  and  acknowledged  valor. 
Their  country  was  extensive,  their  products  and  resources 
were  abundant  and  various;  their  habits  of  life  were  unen- 
feebled  by  luxury  and  wealth  :  as  detached  communities, 
each  of  their  Commonwealths  was  a  scene  of  progressive 
activity,  intelligence,  and  happiness;  while  as  a  confed 
eracy  their  combined  power  had  been  proved  adequate  at 
least  to  the  purpose  of  common  defence.  Still,  however, 
nothing  political  was  settled  save  great  maxims.  Amid 
the  absorbing  dangers  of  a  first  war,  the  Union,  by  which 
alone  it  could  be  waged,  was  imperfectly  organized ;  the 
separate  sovereignties,  actuated  by  a  wholesome  jealousy 
of  central  power,  had  been  too  sparing  in  the  faculties 
they  conferred  upon  their  common  agent,  the  General 
Congress;  and  the  return  of  peace,  bringing  into  view 
other  objects  besides  those  of  battle,  soon  disclosed  the 
expediency  of  replacing  the  existing  Articles  of  Confed 
eration  by  some  scheme  of  government  less  slow,  compli 
cated,  arid  uncertain.  The  local  constitutions  of  the 


20  LIFE   OF  A.  J.  DALLAS. 

States,  hastily  arranged  at  the  epoch  of  '76,  were  also 
unsatisfactory,  and  even  that  matured  by  the  sage  Frank 
lin  was  destined  to  early  abandonment.  The  sources, 
distribution,  and  restriction  of  authority  became  subjects 
of  universal  interest  and  discussion.  With  no  ambitious 
chief  to  propitiate,  with  no  conterminous  jealousy  to 
dread,  and  as  yet  with  no  faction  to  inflame  or  obscure, 
the  minds  of  men  were  everywhere  exploring  the  forms 
and  arrangements  best  adapted  to  pure  and  permanent 
republicanism.  Differences  of  opinion  naturally  prevailed, 
which  grew  wider  and  more  distinct  as  the  period  for 
movement  ripened.  Correspondence,  conversation,  the 
public  journals,  the  halls  of  legislation,  and  voluntary 
associations,  all  contributed  to  swell  and  elucidate  the 
theme  on  whose  solution  so  much  in  future  of  freedom, 
peace,  prosperity,  and  glory  depended.  It  seems  to  have 
been  a  special  allotment  of  Providence  that  America 
should  teem,  at  her  great  crisis,  with  master-spirits,  whose 
philosophical  temperament  and  discriminating  sagacity 
were  only  surpassed  by  the  singleness  and  expansion  of 
their  patriotism.  Debate,  though  protracted  and  adorned 
by  the  development  of  countless  theories,  was  enriched 
by  the  fruits  of  profound  study  and  sobered  by  the  lessons 
of  experience.  Human  society  cannot  hope  to  witness  a 
region  more  congenial,  a  time  more  propitious,  or  a  race 
more  fitted  for  the  trial  of  a  democracy  as  simple  and  as 
thorough  as  physical  causes  will  permit.  The  call  for  a 
convention  to  deliberate  on  trade  and  commerce,  made 
by  Virginia  in  January,  1786,  and  the  meeting  of  such  a 
body  at  Annapolis  in  September  following,  were  only  pre 
fatory  to  that  extraordinary  assemblage  which  opened  its 
sessions  at  Philadelphia  on  the  first  Monday  of  May,  1787, 
and  concluded  them  by  submitting  to  the  confederated 
republics,  for  adoption  or  rejection  by  their  respective 
peoples,  the  existing  Constitution  of  the  United  States; 
and  this  bright  national  creation,  at  every  step  of  whose 
formation  and  in  every  subsequent  scene  of  whose  amend 
ment  prior  to  final  confirmation  floods  of  light  were  shed 
on  the  nature  of  American  institutions,  led  directly  to 
similar  organic  improvements  in  several  of  the  narrower 
but  perhaps  more  vital  spheres  of  State  polity,  and  earliest 
in  that  of  Pennsylvania. 

The  politics  of  Mr.  Dallas  were  formed  in  the  progress 


LIFE    OF  A.  J.  DALLAS.  21 

of  these  events,  and  were  exclusively  of  American  growth. 
In  England,  whether  from  youth,  distaste,  or  other  cause, 
he  had  been  led  no  farther  than  may  be  implied  in  a  pro 
found  veneration  for  Franklin  and  a  warm  admiration  of 
the  parliamentary  eloquence  of  Charles  James  Fox.  He 
had  never  ranged  as  Whig  or  Tory,  and  it  would  be  a 
mistake  to  suppose  that,  like  several  of  the  prominent 
men  with  whom  he  subsequently  associated  and  sympa 
thized,  he  had  fled  to  the  NQW  World  as  a  retreat  from 
the  factious  furies  of  the  Old.  His  choice  of  a  home  was 
voluntarily  made,  almost  as  soon  as  he  attained  manhood. 
For  the  pursuit  of  happiness,  independence,  and  honor, 
he  selected  the  American  soil ;  allured,  no  doubt,  by  the 
bright  future  then  opening  upon  it,  but  impelled  by  no 
past  persecution  or  prejudice.  His  indefatigable  studies 
preparatory  to  professional  practice  imbued  his  mind  with 
the  spirit  and  character  of  our  legislation,  customs,  opin 
ions,  and  manners ;  his  convictions  and  his  feelings  har 
monized  with  the  most  liberal  doctrines ;  and  he  attached 
himself  to  the  first  germ  of  the  Democratic  Party  of  the 
United  States. 

The  origin  of  the  two  permanent  American  parties  is 
distinct  as  matter  of  history,  and  honorable  in  all  its  inci 
dents.  It  preceded  national  organization.  The  principles 
destined  to  agitate  the  government  by  their  collision  were 
enunciated  before  that  government  existed.  Power  was 
yet  unknown ;  no  court  to  propitiate,  no  club  to  terrify, 
no  treasure  to  covet,  ambition  was  without  an  object, 
avarice  without  temptation,  and  servility  without  an  idol. 
The  substitution  of  republicanism  for  monarchy  had  been 
almost  an  act  of  unanimity,  and  the  subsequent  ripening 
of  the  Federal  Constitution  was  an  intellectual  process, 
during  which  the  wise  and  the  virtuous  differed  as  to  the 
means  of  attaining  the  same  end,  without  for  one  instant 
subjecting  themselves  to  the  ordinary  and  odious  imputa 
tions  of  intrigue,  faction,  interest,  or  fear.  Mind  was  at 
work,  not  on  what  already  was,  with  countless  complicated 
and  contradictory  influences,  but  on  what  was  to  be;  and,  in 
advance  of  every  selfish  motive,  and  of  every  bias  inimical 
to  pure  and  honest  patriotism,  leading  statesmen  promul 
gated  with  rare  ability  their  respective  schemes  of  polity, 
developing  in  their  differences  the  struggle  which  must 
unavoidably  precede  the  creation  of  the  new  system,  as 


22  LIFE   OF  A.  J.  DALLAS. 

well  as  forever  accompany  its  administration.  The  ob 
vious  integrity  and  transcendent  talent  with  which  oppos 
ing  views  were  sustained  inspired  universal  forbearance, 
and  the  very  compromises  made  in  order  to  achieve  some 
definite  result  attest  the  existence  of  principles  in  them 
selves  irreconcilable.  It  may  be  said,  indeed,  that  what 
was  thus  early  yielded  has  only  tended  to  give  to  both 
the  parties  greater  identity  of  character  and  more  precision 
of  purpose,  and  that  each,  in  a  natural  course  of  action, 
avails  itself  of  every  opportunity  to  reclaim  in  practise 
the  concessions  it  originally  made  to  theory. 

The  new  government  of  the  Union  went  into  operation 
on  the  4th  of  March,  1789  ;  the  new  form  for  the  Common 
wealth  of  Pennsylvania  in  December,  1790.  Mr.  Dallas 
acquired  and  exercised  all  the  rights  of  American  citizen 
ship  six  or  seven  years  before  either  of  these  events,  and 
largely  participated  in  the  public  discussions  and  agita 
tions  by  which  they  were  preceded.  His  ability  in  trans 
actions  of  business,  his  strength  and  eloquence  as  a  lawyer, 
— displayed  in  all  the  courts,  federal  or  State, — and  the 
power  of  his  pen,  rapidly  made  him  conspicuous.  On  the 
1st  of  May,  1790,  he  issued  from  the  press  the  first  volume 
of  a  series  of  reports  of  cases  argued  and  decided  in  the 
courts  of  Pennsylvania  before  and  since  the  Revolution, 
which  he  afterwards  extended  to  four  volumes.  This  pub 
lication  was  most  cordially  welcomed  by  the  bench  and 
the  bar.  Dedicated,  in  terms  of  warm  but  just  acknowl 
edgment,  to  Chief  Justice  Mclvean,  that  eminent  and 
remarkable  man  transmitted  a  copy  of  the  work  to  Lord 
Mansfield,  who,  in  reply,  spoke  of  the  compilation  and  of 
the  judicial  learning  it  embodied  in  language  of  high  and 
polished  praise.  General  Thomas  Mifflin,  elected  the 
first  governor  under  the  new  Constitution  of  Pennsyl 
vania  of  1790,  on  being  apprised  that  he  was  the  author 
of  certain  attractive  essays  then  publishing,  sent  his  friend 
Mr.  Edward  Fox  to  invite  a  visit  and  acquaintance,  and 
immediately  offered  him  the  post  of  Secretary  of  the 
Commonwealth.  The  commission,  which  bears  date  early 
in  1791,  was  unsought  and  wholly  unexpected  ;  but  it  was 
accepted  in  a  spirit^of  friendship  as  frank  and  lasting  as 
its  presentation  was  generous  and  graceful.  Reappointed 
in  1793  and  in  1796,  at  the  subsequent  re-elections  of 
Governor  Mifflin,  he  remained  the  principal  adviser  and 


LIFE   OF  A.  J.  DALLAS.  23 

aid  of  that  popular  and  patriotic  chief  magistrate  during 
all  the  three  official  terms  to  which  the  constitution — and 
that  alone — restricted  his  eligibility. 

In  this  manner,  at  the  age  of  thirty-one,  Mr.  Dallas 
began  a  career  of  public  life  which  he  can  scarcely  be  said 
to  have  intermitted  until  very  shortly  before  his  death. 
At  that  time  such  a  career  wras  peculiarly  genial  to  his 
varied  acquirements,  conciliatory  manners,  and  cultivated 
tastes.  [Philadelphia  was  far  the  most  imposing  and  prom 
ising  city  of  the  continent.  It  was  the  capital  of  two 
freshly  formed  governments;  the  abode  of  much,  if  not 
all,  of  the  best  literary  and  philosophical  intelligence  in 
the  country, — of  Franklin,  Rush,  Rittenhouse,  Logan, 
Hopkinson  ;  the  most  active  mart  of  commerce,  and  the 
point  of  socija]  comfort  and  repose  sought  by  strangers 
and  travellers.  Though  ardent  and  firm  in  preferring  the 
most  populaf'^principles  in  politics,  he  indulged  no^pro- 
scriptive  sentiment:  fond  of  society,  and  gifted  with 
uncommon  powers  of  making  it  agreeable,  he  pursued 
genius,  learning,  wit,  merit,  and  accomplishment,  of  what 
ever  party  and  wherever  he  could  find  them,  and  threw 
the  doors  of  his  domestic  hospitality  wide  open  for  their 
indiscriminate  reception.  In  this  essentially,  and  not  in 
the  mere  office  he  held,  however  important  as  an  accessary 
that  certainly  was,  consisted  the  real  publicity  of  his  life. 
His  profession,  to  which  he  always  clung  as  to  a  sheet- 
anchor,  uninterrupted  by  the  routine  of  administrative 
duties,  expanded  in  its  range  and  increased  in  its  emolu 
ment,  and  thus  sustained  the  expensive  buoyancy  of  his 
spirits  and  rewarded  an  unflagging  industry. 

The  nine  years  of  Governor  Mifflin  were  marked  by  a 
wise  course  of  local  policy  and  by  incidents  of  national 
moment.  While  the  General  Assembly  showed  every 
disposition  to  advance  the  prosperity  of  the  State,  and 
energetically  led  the  way  to  important  improvements  in 
its  laws,  trade,  intercourse,  and  institutions,  there  were 
referred  to,  and  dependent  upon,  the  talent,  vigor,  and 
management  of  the  executive  many  subjects  at  once  novel 
and  embarrassing  in  character.  Of  the  five  hundred  and 
seventy-four  acts  of  Assembly  passed  during  this  periodQ 
a  number  were  necessary  to  adapt  the  operations  of  the 
government  to  the  provisions  of  the  new  constitutions; 
the  great  body  of  them  related  to  the  ordinary  objects  of 


24  LIFE   OF  A.  J.  DALLAS. 

legislation  ;  but  many  indicated  enlarged  and  sound  views 
of  the  true  policy  and  interests  of  the  Commonwealth,  and 
still  remain  in  operation  to  attest  the  wisdom  of  their 
authors.  As  illustrative  of  the  last  description,  we  would 
briefly  refer  to  the  acts  providing  for  the  construction  of 
the  Lancaster  turnpike  and  other  roads;  for  opening  and 
improving  navigable  waters;  for  building  the  permanent 
bridge  over  the  Schuylkill  and  various  other  bridges;  for 
incorporating  associations  for  literary,  charitable,  and 
religious  purposes;  for  regulating  the  descent  of  intestate 
estates;  for  abolishing  the  punishment  of  death  in  many 
cases  and  graduating  the  crime  of  murder ;  for  facilitating 
the  barring  of  entails;  for  regulating  writs  of  partition, 
and  for  regulating  county  rates  and  levies.  The  gov 
ernor,  a  man  of  revolutionary  patriotism  and  service, — 
the  first  aid-de-camp  of  Washington  in  1775, — who  had 
long  acted  as  a  member  of  the  old  Congress  and  for  a 
period  as  its  president,  reposed  unlimited  confidence  in 
his  secretary;  and  they  two,  harmonious  always  in  senti 
ments  and  views,  fulfilled  at  every  juncture  their  high 
trpst  with  uniform  and  signal  success. 

/The  position  occupied  by  Mr.  Dallas  in  the  arena  of 
politics,  when  invited  by  Governor  Mifflin  into  his  coun 
cils,  was  a  conspicuous  one.  Notwithstanding  his  pro 
fessional  and  literary  exertions,  he  had  for  several  years 
devoted  much  time  to  associations  and  arrangements  of  a 
party  character,  that  were  gradually  assuming  shape  and 
taking  deeper  root.  The  leading  men  in  the  various  sec 
tions  of  Pennsylvania  were  personally  known  to  him  ;  and 
with  those  whose  public  sentiments  he  shared,  such  as 
Gallatin,  Findley,  Smilie,  Addison,  he  maintained  an 
active  correspondence.  In  the  city  he  was  the  efficient 
and  stirring  spirit  of  a  republican  phalanx  distinguished 
by  learning,  purity  of  life,  and  patriotism.  His  consulta 
tions  with  these  gave  authenticity  and  weight  to  what  the 
promptness  of  his  writing  disseminated  through  the  in 
terior;  and  the  influence  he  acquired,  which  his  adver 
saries  endeavored  to  make  odious  by  exaggerating,  was 
the  legitimate  consequence  of  an  enlightened  and  perse 
vering  zeal  in  spreading  and  consolidating  the  founda 
tions  of  a  party  which,  though  then  in  a  minority,  was 
destined  soon  to  take  and  long  to  hold  the  direction  of 
affairsT]  It  would  greatly  embellish  this  biography  were 


LIFE    OF  A.  J  DALLAS. 

its  author  able  to  sketch  the  lives  and  characters  of 
in  unison  with  whom  Mr.  Dallas  thus  acted.  More,  aye, 
much  more  of  gratitude  and  fame  is  due  to  them  than  has 
yet  been  awarded.  /Contemporaneous  malice  and  heredi 
tary  prejudice  have"Tabored,  and  yet  labor  hard  to  mis 
represent  their  principles  and  underrate  their  work;  but 
an  unassailable  monument  to  Dr.  James  Hutchinson, 
Thomas  Mifflin,  Jonathan  Sergeant,  George  Bryan,  David 
Rittenhouse,  Peter  S.  Duponceau,  Dr.  Samuel  Jackson, 
Thomas  McKean,  Edward  Fox,  John  Barclay,  Thomas 
Leiper,  J.  Swanwick,  and  others  of  their  associates  may 
be  found  in  the  simple  fact  that  the  doctrines  for  which 
they  struggled  and  were  denounced  are  now  inseparable 
from  the  being  and  exercise  of  government  in  America. 
They  were  the  doctrines  adjudged  to  have  their  truest 
representative  in  Mr.  Jefferson.  That  morbid  bigotry  of 
opinion  is  surely  deserving  of  nothing  but  reproof,  which 
can  rake  among  the  ashes  of  extinguished  contests  in  the 
hope  of  rekindling  detraction  against  men  whose  wisdom 
and  sincerity  are  affirmed  by  sixty  years  of  positive 
history. 

It  was  much  less  easy  at  that  inexperienced  epoch  than 
it  now  is  to  perceive  and  to  preserve  the  true  relations 
between  the  States,  and  between  them  and  the  general 
government,  with  the  boundaries  of  their  respective 
spheres.  Yet  it  is  curious  and  gratifying  to  record  some 
instances  of  original  and  clear  sagacity  on  this  critical 
subject  which  lapse  of  time  has  at  least  not  improved. 
The  very  first  year  of  its  operation  had  hardly  closed 
when,  on  a  point  in  respect  to  which  much  sensitiveness 
has  always  existed  and  must  long  continue,  the  executive 
of  Pennsylvania  officially  proclaimed,  and  enforced  with 
irresistible  power  of  argument,  a  construction  of  the  Con 
stitution  of  the  United  States,  of  great  importance  to  its 
duration.  It  arose  out  of  a  criminal  prosecution  insti 
tuted  in  Washington  County,  where  an  indictment  was 
found  by  a  grand  jury,  at  a  court  of  oyer  and  terminer, 
against  several  persons  for  forcibly  carrying  off  a  free 
negro  with  intent  to  sell  him  as  a  slave  in  another  State, 
in  violation  of  a  highly  penal  act  of  Assembly.  Governor 
Mifflin  received  authentic  information  that  these  offend 
ers  had  taken  refuge  in  Virginia,  and  he  immediately 
applied  to  the  chief  magistrate  of  that  State  for  their 

3 


26  LIFE   OF  A.  J.  DALLAS. 

delivery  np  as  fugitives  from  justice.  His  application 
was  refused.  It  was  repeated,  with  more  emphasis  and 
formality.  A  correspondence  ensued  which  displayed 
considerahle  ability  on  the  part  of  the  authorities  of  Penn 
sylvania,  and  proved  them  to  be  signally  "  regulated  by  a 
due  regard  to  the  dignity  and  rights  of  the  Common 
wealth,"  as  well  as  by  "a  sincere  respect  for  the  senti 
ments  of  a  sister  State,"  and  a  disciplined  anxiety  "to 
avoid  all  invidious  and  unprofitable  altercation."  The 
controversy  was  prolonged  for  several  months.  In  ad 
dressing  the  legislative  body  on  the  25th  of  January,  1792, 
the  message  made  the  following  lucid  exposition  of  the 
stand  which  had  been  taken : 

"  This  representation  from  the  State  of  Virginia  appears,  in 
some  respects,  to  be  founded  upon  misinformation  as  to  the  facts, 
and,  in  others,  upon  a  misconception  as  to  the  law.  In  the  case 
of  the  demand  for  delivering  up  the  persons  who  had  forcibly 
carried  off  a  free  negro,  it  is  indeed  avowed  that  the  fact  was 
committed ;  but  the  authority  of  this  State  to  render  it  criminal, 
the  circumstances  which  constitute  a  flight  in  the  offenders,  and 
the  operative  sanction  given  to  the  demand  by  the  present  Con 
stitution  of  the  Union,  are  still  doubted  and  denied.  I  trust, 
however,  that  it  will  not  be  thought  necessary  at  this  day  to 
assert  the  sovereignty  of  the  State  within  her  own  territory  upon 
matters  of  internal  policy.  She  had  the  unalienated  power  to 
legislate  upon  the  subject  which  has  produced  the  controversy: 
her  law  defined  and  declared  the  offence ;  and  it  is  the  duty  of 
her  officers,  if  they  cannot  prevent,  to  punish  every  violation. 
The  offence,  it  is  true,  can  only  be  committed  or  punished  within 
the  jurisdiction  of  the  government  by  whose  authority  the  law 
was  enacted  ;  but  when  committed,  whether  by  citizens  or 
strangers,  the  federal  obligation  of  the  States  expressly  provides 
against  that  impunity  which  flight  into  another  country  might 
otherwise  afford.  The  documents  that  have  been  transmitted  by 
the  executive  of  Virginia,  proving  that  the  citizens  of  that  State 
made  an  irruption  into  Pennsylvania,  with  the  immediate  pur 
pose  of  carrying  off  the  negro  in  question,  the  moment  that  the 
act  was  committed,  those  persons  became  offenders  in  the  con 
templation  of  law ;  and  the  moment  that  they  retired  from  the 
jurisdiction  of  this  State,  they  became  fugitives  from  justice 
within  the  meaning  of  the  Constitution  of  the  United  States. 
Nor  can  it  be  of  any  importance  to  the  inquiry  whether  the  cir 
cumstances  stated  respecting  the  original  condition  of  the  negro 
are  true  or  not,  since  the  laws  of  Pennsylvania,  though  they  will 
not  permit  violence  or  injustice,  supply  an  adequate  remedy  for 


LIFE   OF  A.  J.  DALLAS.  27 

every  wrong.  If  the  negro  was  not  lawfully  emancipated,  he 
would  havre  been  restored  to  his  master  upon  a  peaceable  appli 
cation  to  a  competent  tribunal ;  but  if  by  the  benevolent  operation 
of  an  act  of  the  General  Assembly  (which  has  long  been  es 
teemed  an  honor  and  an  ornament  to  our  code)  he  has  obtained 
his  freedom,  it  is  surely  incumbent  on  the  power  that  bestowed 
the  blessing  to  protect  him  in  the  enjoyment  of  it.  Thus  the 
claim  to  the  services  of  the  negro,  if  just,  did  not  require  force  to 
maintain  it ;  and  if  unjust,  force  can  never  alter  its  nature,  or 
expiate  the  injury  which,  in  effect,  it  perpetrates. 

"  But,  independent  of  these  considerations,  it  will  be  remem 
bered  that  in  the  case  of  the  negro  who  was  deprived  of  his 
liberty,  as  well  as  the  case  of  the  Indians  who  lost  their  lives  on 
Beaver  Creek,  the  grand  inquest  of  the  proper  county  have 
brought  the  several  accusations  against  the  persons  that  were 
named  in  the  respective  requisitions  presented  to  the  executive 
of  Virginia.  The  investigation  of  the  facts,  therefore,  rests  with 
another  tribunal,  and  ought  not  to  be  unnecessarily  discussed 
in  an  extra-judicial  manner ;  but  if  the  facts  stated  in  those 
several  presentments  amount  to  crimes,  or,  in  other  words,  if  our 
laws  have  any  force  even  within  the  boundaries  of  the  Common 
wealth  ;  and  if  strangers,  who  having  wilfully  committed  an 
offence  against  the  municipal  law  of  Pennsylvania  retire  to  a 
neighboring  State,  may  be  denominated  fugitives  from  justice, 
then  every  member  of  the  section  of  the  Federal  Constitution 
which  authorizes  the  demand  as  a  preliminary  to  the  trial  of  the 
offenders  is  amply  satisfied  on  the  present  occasion ;  and  neither 
policy,  justice,  nor  candor  will  admit  a  construction  of  that  con 
stitution  which,  at  the  time  of  the  ratification,  shall  place  the 
citizens  of  the  Union  in  a  state  of  nature,  and  declare  the  ante 
cedent  period  to  be  now  free  from  every  federal  compact  or  obli 
gation." 

The  grounds  on  which  the  executive  of  Virginia  de 
clined  complying  with  the  requisition  as  originally  made, 
were,  first,  that  the  offence  described  in  the  indictment 
was  not  a  felony  or  other  crime  within  the  meaning  of  the 
constitution ;  second,  that,  as  a  trespass,  the  violence  com 
plained  of  was  equally  cognizable  in  Virginia  as  in  Penn 
sylvania,  and,  therefore,  no  removal  of  the  accused  was 
necessary  or  proper ;  third,  that  it  did  not  appear  that  the 
accused  had  fled  from  justice;  fourth,  that  there  was  no 
legal  evidence  of  their  having  been  found  in  Virginia; 
&ud)  fifth,  if  all  the  prior  objections  failed,  there  remained 
the  insurmountable  one  that  Congress  had  not  prescribed 
the  manner  in  which  the  constitutional  injunction  should 


28  LIFE   OF  A.  J.  DALLAS. 

be  fulfilled,  or,  in  other  words,  through  whose  agency  and 
by  what  sort  of  authorization  the  delivery  and  removal* 
were  to  be  made.  We  must  not  say  that  the  first  four 
excuses  for  inaction  were  uucandid  and  frivolous,  for  they 
had  weight  with  some  strong  and  independent  minds; 
but  it  was  the  fifth  only  which  appears  to  have  suspended 
the  interposition  of  President  Washington,  to  whom  Gov 
ernor  MifHin  submitted  what  in  his  judgment  constituted 
a  dangerous  disregard  of  one  of  the  most  delicate  and 
salutary  guarantees  of  the  national  compact.  Out  of  this 
case,  and  in  consequence  of  the  resolute  attitude  assumed 
in  vindicating  the  rights  of  the  State,  sprung  the  act  of 
Congress  of  the  12th  of  February,  1793,  which  has  since 
furnished  the  rule  of  action  on  all  such  cases.  Fugitives 
from  justice,  and  persons  escaping  from  the  service  or. 
labor  to  which  they  have  been  held,  are  equally  embraced 
by  that  act.  It  is  impossible  to  repress  a  regret  that,  on 
a  point  like  the  extradition  of  persons,  whether  culprits 
or  slaves,  which  has  become  one  of  such  extreme  tender 
ness,  the  authors  of  the  constitution  were  not  more  pre 
cise,  or  that  the  legislature,  when  the  embarrassment  first 
came  under  notice,  had  not  devised  a  single  plan  of  pro 
ceeding  less  liable  to  disturb  the  natural  sympathies  of 
men,  and  more  effective  to  secure  the  covenanted  rights. 
Some  subjects  do  not  seem  to  admit  of  their  being  dis 
posed  of  in  a  manner  unusually  summary ;  they,  in  fact, 
are  facilitated  and  fortified  by  the  ordinary  dilatory  pro 
cess  ;  and,  among  a  people  so  sensitive  on  matters  of  per 
sonal  freedom  and  safety  as  are  the  American  people,  they 
can  only  be  successfully  regulated  under  the  sanction  of 
high  and  paramount  authority. 

Many  provisions  in  the  constitution  contemplate  and 
require  legislative  enactment  before  they  could  be  carried 
into  execution  ;  but  to  rank  among  these  the  two  clauses 
of  the  second  section  of  the  fourth  article  is  a  mistaken 
refinement,  and  might  subject  them  to  an  ordeal  not 
originally  intended, — namely,  the  uncertain  inclination 
of  a  congressional  majority.  They  enunciate  distinctly 
enough  the  purposes  of  the  convention  and  of  the  people, 
— criminals  to  be  surrendered  on  executive  demand  and 
slaves  to  be  surrendered  on  claim  of  the  owner;  and  both 
purposes,  thus- sanctioned,  are  easily  attainable  with  known 
forms,  and  upon  established  principles  of  social  action, 


LIFE    OF  A.  J.  DALLAS.  29 

without  the  slightest  additional  direction.  They  were 
riot  to  be  rendered  nugatory  by  the  neglect  of  Congress, 
nor  could  it  be  designed  to  leave  them  liable  to  be  frus 
trated  by  complicated  or  cumbersome  devices.  It  is  strange 
to  find  their  dependence  upon  mere  legislation  first  asserted 
from  the  State  of  Virginia,  a  State  that  would  now  be  reluc 
tant  to  acknowledge  that  a  repeal  of  the  act  of  February, 
17i$,  could  take  from  them  all  practical  efficiency. 

(Jrhe  solicitudes  and  labors  of  Mr.  Dallas's  office  were 
greatly  enhanced  by  disturbances  which  had  been  gradu 
ally  fomenting  in  the  western  parts  of  Pennsylvania,  and 
which,  ultimately  assuming  an  insurrectionary  character, 
made  the  interposition  of  military  force  necessary  to  the 
maintenance  of  order  and  the  enforcement  of  law. 

At  the  first  Congress  under  the  new  constitution  it 
became  evident  that,  to  supply  the  public  wants,  an  in 
crease  of  national  revenue  must  be  provided.  After  the 
assumption  of  the  revolutionary  debts  of  the  several 
States,  estimated  as  an  aggregate  of  twenty-one  millions 
of  dollars,  the  Secretary  of  the  Treasury,  Mr.  Alexander 
Hamilton,  recommended  an  excise  upon  domestic  distilled 
spirits  and  stills  as  the  best  means  of  paying  the  augmented 
annual  interest.  A  clamor  immediately  arose.  The  very 
name  of  excise  was  odious  and  inflammatory.  The  citi 
zens  assembled  in  many  places,  listened  approvingly  to 
angry  harangues,  adopted  resolutions  denouncing  the 
project,  and  forwarded  their  remonstrances  to  the  legis 
lature  of  the  Union.  This  quick  outcry  seemed  partially 
successful,  and  the  bill  failed  on  its  first  trial.  Yet,  not 
withstanding  a  vigorous  and  excited  opposition,  both  in 
and  out  of  Congress,  the  scheme  became  a  law  on  the  3d 
of  March,  1791;  and  resistance  to  its  execution,  at  once, 
and  in  Pennsylvania  particularly,  proclaimed  itself  loudly 
and  boldly.  The  population  of  four  large  western  coun 
ties  of  this  State — Washington,  Fayette,  Alleghany,  and 
Westmoreland — among  whom  the  distilleries  were  numer 
ous  and  profitable,  exhibited  great  exasperation.  Meetings 
gathered  at  Redstone  and  Pittsburg  in  July  and  September; 
and  in  the  early  part  of  the  latter  month  one  of  the  col 
lectors  of  the  excise  and  persons  entrusted  with  the  service 
of  judicial  process  connected  with  the  matter  were  as 
saulted,  tarred  and  feathered,  and  otherwise  cruelly 
treated.  Similar  and  worse  outrages  continued  to  be 


30  LIFE    OF  A.  J.  DALLAS. 

perpetrated  during  the  whole  recess  of  Congress,  which 
again  convened,  agreeably  to  a  special  law,  on  the  24th  of 
October,  1791.  A  reduction  of  the  unpopular  duties,  by 
an  act  passed  in  May  following,  accompanied  by  modifi 
cations  of  a  conciliatory  character  as  to  the  manner  of 
assessing  them,  produced  no  other  effect  upon  the  discon 
tented  than  a  belief  that  their  proceedings  had  intimidated 
the  government  and  that  farther  displays  of  violence 
would  soon  extort  an  absolute  repeal.  Combinations  of 
disguised  and  armed  men  made  their  appearance  through 
out  the  extensive  districts  already  mentioned,  overawing 
and  silencing  the  friends  of  order,  and  visiting  with  fire 
and  sword  the  revenue  officers  who  failed,  on  being  sum 
moned,  to  surrender  their  papers  and  resign  their  com 
missions. 

There  were,  indeed,  many  distinguished  men  who, 
though  hostile  to  the  excise,  were  yet  more  hostile  to 
forcible  and  lawless  attempts  to  obstruct  its  collection. 
These,  particularly  William  Findley,  David  Reddick, 
Albert  Gallatin,  Hugh  Brackenridge,  and  Alexander 
Addison,  while  unable  to  arrest  the  torrent  raging  round 
them,  exposed  their  persons  to  danger  and  their  charac 
ters  to  suspicion  by  efforts  to  assuage  its  fury  and  to 
direct  its  course  into  safe  and  constitutional  channels.  As 
is  usual,  the  spirit  of  party  recklessly  confounded  them 
with  the  general  body  of  disorganizes;  and  as  they 
ranked  high  for  ability  and  usefulness  among  the  minor 
ity,  composed  of  Democratic  Republicans,  unsparing 
obloquy  was  for  a  time  heaped  upon  their  names. 

Before  President  Washington  would  consent  to  regard 
the  outrages  of  conspirators  and  rioters  in  the  light  of 
insurrection  or  treason,  demanding  the  interposition  of 
military  force,  he  required  to  be  satisfied  that  they  were 
formidable  enough,  not  merely  to  impede  the  execution 
of  an  obnoxious  law,  but  to  defy  the  power  of  the  judi 
ciary  and  to  endanger  the  peace  of  the  country.  Governor 
Mifflin  and  Mr.  Dallas  were  extremely  reluctant,  and  so 
expressed  themselves  in  conference  with  the  President 
and  his  advisers,  to  believe  the  civil  authorities  of  Penn 
sylvania  incapable  of  maintaining  the  ascendency  of  the 
laws.  On  this,  and  on  this  alone,  turned  a  difference  of 
opinion  which  prevailed  as  to  the  most  expedient  course 
of  action  for  suppressing  the  disorders.  In  the  estimation 


LIFE   OF  A.  J.  DALLAS.  31 

of  the  executive  of  the  State,  the  incompetency  of  the 
judiciary  department  of  the  government  to  vindicate  the 
violated  laws  had  not  been  made  sufficiently  apparent ; 
and  the  military  power  of  the  government  ought  not  to 
be  employed,  until  its  judicial  authority,  after  a  fair  ex 
periment,  had  proved  incompetent  to  enforce  obedience 
or  to  punish  violations  of  the  law.  There  was,  up  to  a 
certain  period  of  time,  just  foundation  for  this  view  of 
the  subject.  If  judicial  inefficiency  existed,  it  was  not 
discernible  by  or  in  the  courts  of  Pennsylvania;  that  it 
might  be  seen  and  felt  by  the  federal  judges,  in  their 
steps  to  pursue  and  punish  offenders,  was  other  matter, 
out  of  the  cognizance  of  the  State  functionaries.  No  one 
could  doubt  that  the  mass  of  the  people  of  Pennsylvania, 
and  all  her  magistracy,  were  conscious  both  of  the  right 
to  disapprove  the  policy  of  the  excise  and  of  the  crimi 
nality  of  resisting  its  collection.  As  in  various  other 
places,  in  the  county  of  Chester  the  riotous  abuse  of  an 
exciseman  acting  under  that  law  had  been  prosecuted,  a 
verdict  of  conviction  obtained,  and  an  exemplary  punish 
ment  inflicted;  and  on  that  occasion  the  foreman  of  the 
grand  jury  by  whom  the  indictment  was  found,  addressing 
himself  to  the  attorney-general,  declared  that  he  was  "  as 
much  or  more  opposed  to  the  excise  law  than  the  rioters, 
but  would  not  suffer  violations  of  the  law  to  go  unpun 
ished."  Nor  was  it  a  violent  presumption  to  suppose 
that,  bad  as  matters  really  were  in  our  trans-alleghany 
section,  their  enormity  was  somewhat  highly  colored  by 
those  who  either  could  not  tranquilly  bear  to  see  a  favor 
ite  system  thwarted,  or  eagerly  imputed  every  crime 
committed  as  a  necessary  consequence  of  political  doc 
trines  opposed  to  their  own. 

When  President  Washington,  therefore,  invited  Gov 
ernor  Mifflin  to  say  whether  he  deemed  the  circumstances 
to  be  such  as  would  warrant  his  calling  out  a  portion  of 
the  militia  of  his  State,  a  correspondence  sprung  up  be 
tween  the  two  executives,  which  was  conducted  with 
striking  ability  on  both  sides,  and  was  considered  of  great 
interest  and  moment.  (Appendix,  No.  1.)  It  treated  elab 
orately,  and  with  exclusive  relation  to  the  suggested 
movement,  of  the  responsibilities  of  the  highest  officers 
of  the  Union  and  the  Commonwealth,  of  the  boundaries 
which  both  separate  and  connect  thejr  respective  spheres 


B2  LIFE    OF  A.  J.  DALLAS. 

of  public  duty,  and  of  the  incompetency  of  the  judiciary  to 
fulfil  its  purposes, — an  incompetency  affirmed  by  the  one 
to  be  manifest  and  denied  by  the  other  to  be  sufficiently 
shown.  The  act  of  Congress  of  the  2d  of  May,  1792, 
providing  for  "  calling  forth  the  militia  to  execute  the  laws 
of  the  Union,  suppress  insurrections,  and  repel  inva 
sions,"  furnished  a  plain  and  practical  rule  of  proceeding 
to  the  President ;  but  the  governor  had  no  such  chart  by 
which  to  steer,  and  if  he  invoked  the  physical  power  of 
his  State  without  legislative  sanction,  and  upon  the  in 
herent  vigor  of  his  office  only,  he  would  naturally  first 
desire  to  see  that  the  emergency  was  such  and  so  recog 
nized  as  to  justify  him  under  any  result.  Both  these  pa 
triots  were,  however,  relieved  from  all  the  embarrassment 
that  might  have  followed  upon  a  contrariety  of  impres 
sions  by  a  notification  addressed,  under  the  date  of  the 
5th  of  August,  1794,  to  the  President,  by  James  Wilson, 
an  associate  justice  of  the  supreme  court  of  the  United 
States,  and  of  the  circuit  embracing  Pennsylvania,  certi 
fying,  as  prescribed  by  the  second  section  of  the  act  of 
1792,  that  there  existed  in  the  counties  of  Washington 
and  Alleghany  combinations  too  powerful  to  be  sup 
pressed  by  the  ordinary  course  of  judicial  proceedings. 
The  proclamation  of  the  President  was  at  once  issued; 
requisitions  for  quotas  of  militia  were  addressed  to  the 
four  States  of  New  Jersey,  Pennsylvania,  Maryland,  and 
Virginia;  and  before  the  close  of  September  an  over 
whelming  army  of  fifteen  thousand  men  were  put  in 
motion  to  concentrate  in  the  region  of  disaffection.  No 
portion  of  this  force  was  more  prompt  or  more  faithful 
than  that  from  Pennsylvania, — attesting  the  sincerity  of 
Governor  Mifflin  when,  at  the  conclusion  of  the  leading 
letter  in  the  series  referred  to,  he  said:  "It  is  proper, 
under  the  impression  of  my  federal  obligations,  to  add  a 
full  and  unequivocal  assurance  that  whatever  requisition 
you  may  make,  whatever  duty  you  may  impose,  in  pur 
suance  of  your  constitutional  and  legal  powers,  will  on 
my  part  be  promptly  undertaken  and  faithfully  dis 
charged." 

Mr.  Dallas  accompanied  Governor  Mifflin  on  this  expe 
dition  as  his  aid-de-carnp ;  and  perhaps  it  would  now  be 
impossible  to  portray  its  characteristic  features  with  as 
much  distinctness  and  authenticity  as  they  appear  in  some 


OF  A.  J.  DALLAS. 


letters  written  by  him  to  Mrs.  Dallas,  which  lie  before  me. 
As  illustrating,  too,  his  own  views  of  the  insurgents  and 
of  the  measures  in  progress  to  disperse  and  punish  them, 
and  as  unfolding  his  character  generally,  they  are  the  best 
materials  for  biography,  and  could  not,  without  injustice, 
be  withheld  from  the  reader. 

"READING,  23  Sept/1794. 

"After  a  jaunt  of  great  fatigue  and  filled  with  fifty  eccentric 
incidents,  we  reached  Pottsgrove  at  half-past  11  o'clock  last 
night.  This  day  we  dined  at  Reading;  and  the  governor  de 
livered  his  address  in  a  Presbyterian  church  to  a  very  numerous 
audience.  At  least  two-thirds  of  them  were  Germans,  and  did 
not  understand  a  word  of  what  he  spoke.  The  effect,  however, 
has  been  very  great,  although  this  county  is  greatly  disinclined 
to  the  present  exertions." 

2. 

"WRIGHT'S  FERRY,  28  Sept.  '94. 

"I  must  reserve  a  general  detail  of  our  journey  till  I  have 
reached  Carlisle.  It  has  been  successful  as  to  its  principal 
object,  but  certainly  not  a  pleasant  one.  There  is  an  inconceiv 
able  degree  of  confusion  in  every  department,  and  you  know  the 
necessary  consequence — my  being  harassed  with  everybody's 
business.  Colonel  Gurney's  regiment  leaves  Lancaster  to-mor 
row.  McPherson's  Blues  left  it  yesterday.  The  military  rage 
is  completely  inflamed,  and  the  whole  country  seems  in  motion." 

3. 

"  YORK-TOWN,  29  Sept.  '94. 

"  We  have  travelled  through  a  delightful  country  for  two  days 
past.  The  roads  are  bad,  but  our  journeys  are  short,  from  the 
capital  of  one  county  to  the  capital  of  another.  The  governor 
acquits  himself  with  great  address,  and  has  everywhere  been 
received  with  the  highest  respect  and  applause.  He  certainly 
surpasses  every  expectation  that  I  had  formed  of  his  manage 
ment  in  conciliating  the  troops.  The  want  of  supplies  has  given 
ample  occasion  for  that  kind  of  exertion." 

4* 

"  CARLISLE,  4  Oct.  '94. 

"  The  soldier's  life  has  fairly  commenced.  The  change  which 
the  dress  has  made  in  the  appearance  of  all  our  acquaintance  is 
trifling  compared  with  the  change  which  their  duties  seem  to 
have  made  in  their  dispositions  and  manner.  Thus  we  prove 
ourselves  the  creatures  of  habit.  My  habit  has  hitherto  been  a 


34  LIFE   OF  A.  J.  DALLAS. 

love  of  my  family  and  of  business ;  it  has  afforded  me  so  much 
satisfaction  that  I  never  shall  be  tempted  to  change  it.  Every 
call  to  the  camp-scene  I  resist  as  a  snare  ;  and,  unless  when  forced 
by  business,  I  pass  my  time  at  my  quarters  in  Carlisle. 

"  The  President  arrived  here  to-day.  He  was  introduced  with 
considerable  state,  and  expressed  great  satisfaction  at  the  ap 
pearance  of  the  troops.  He  and  Mr.  Hamilton,  the  governor 
and  myself,  dined  with  a  number  of  others  at  Mr.  Montgomery's. 
The  President's  toast  was,  'A  happy  issue  to  the  business  before 
us  ;'  and  his  sentiments  respecting  it  are  so  elevated,  so  firm, 
and  yet  so  prudent  and  humane,  that  I  am  charmed  with  his 
determination  to  join  us.  Two  men  have  been  killed, — one  by 
the  Jersey  line,  and  one  by  the  Pennsylvania  line.  I  believe 
that  both  either  provoked  or  deserved  their  fate  ;  but  the  events 
are  calculated  to  excite  alarm,  particularly  when  exaggerated,  as 
they  have  been,  by  the  enemies  to  the  measures  of  government. 
The  President,  in  a  candid  and  manly  manner,  regretted  that  the 
deaths  had  happened,  and  observed  that  men  who  are  engaged 
in  the  duty  of  supporting  the  law  should  be  the  last  to  violate  it. 
This  declaration  was,  fortunately  for  me,  made  in  the  presence  of 
several  who  thought  me  lukewarm  for  inculcating  a  similar  doc 
trine  a  day  or  two  before  the  President's  arrival.  I  enjoyed  the 
triumph. 

"When  shall  we  return  ?  I  have  asked  myself,  I  have  asked 
everybody  around  me,  the  question ;  but  every  attempt  at  an 
answer,  applied  to  the  whole  army,  is  in  vain.  In  the  case  of 
the  President,  however,  we  may  calculate  his  return  to  be  on  the 
first  of  November,  because  at  that  time  Congress  will  meet.  In 
the  case  of  the  governor  (if  questions  of  rank  do  not  shorten  the 
period),  we  may  calculate  his  return  in  the  course  of  November, 
because  at  the  beginning  of  next  month  the  legislature  will  meet. 
In  my  case,  unless  particular  business  of  a  public  nature  detaches 
me  sooner,  you  may  calculate  as  in  the  case  of  the  governor. 
But  in  the  case  of  the  army  at  large,  I  can  furnish  no  rule  of 
calculation.  The  western  counties  are  overrun  with  banditti. 
If  they  are  uncontrolled  during  the  winter,  they  will  acquire 
strength ;  and  it  will  be  difficult,  by  a  similar  exertion  of  the 
militia,  to  overawe  them  hereafter.  Hence  I  conclude  that  at 
least  a  part  of  the  troops  will  be  stationed  in  that  quarter  for 
several  months  ;  and,  in  order  to  evince  the  determination  as  well 
as  the  power  of  the  government  to  support  itself,  I  think  it 
probable  that  the  whole  will  be  marched  to  Pittsburg.  An 
opinion  partially  prevails  that  an  abject  submission  is  contem 
plated  by  the  western  insurgents ;  and  a  meeting  is  appointed, 
we  are  told,  to  take  the  critical  state  of  their  affairs  into  consider 
ation,  with  a  view  of  coming  to  that  result.  I  wish  the  case  may 
be  so ;  but,  after  what  has  happened  of  violence  and  deception, 


LIFE   OF  A.  J.  DALLAS.  35 

I  confess  that  I  am  at  a  loss  to  fix  any  criterion  by  which  the 
sincerity  of  such  overtures  could  be  ascertained.  The  terror, 
excited  by  the  approach  of  the  army  and  the  deaths  of  the  two 
men  who  have  been  killed,  is  universal  and  excessive ;  but,  as 
there  is  no  reason  to  suppose  that  one  convert  has  been  made, 
remove  the  cause  of  that  terror  and  you  revive  the  spirit  of  oppo 
sition.  In  this  very  town  we  daily  pass  and  repass  the  most 
violent  abettors  of  the  insurgents  ;  nay,  the  most  active  partisans 
in  raising  the  whiskey  pole  in  the  high  street  parade,  without 
insult,  through  the  camp.  The  pole  has  been  taken  down  ;  but 
it  is  obvious  that  the  disposition  which  set  it  up  has  not  been 
subdued." 

5. 

"CARLISLE,  6  Oct.   '94. 

"  The  President  gave  a  dinner  to-day  to  the  governors  of 
Pennsylvania  and  New  Jersey,  and  their  families.  He  seemed 
in  excellent  humor,  free  and  full  of  conversation.  I  believe 
Wayne's  success,  the  appearance  of  the  camp,  and  a  greater  fa 
cility  in  settling  the  questions  of  rank  among  the  leading  officers 
than  was  expected,  have  raised  his  spirits.  Lee  will  probably 
command  ;  but  the  governor  says  he  will  serve  in  the  humblest 
capacity  rather  than  not  serve  at  all.  This  is  not  the  case  with 
General  Irvine ;  nor,  it  is  hinted,  will  it  be  the  case  with  the 
principal  officers  of  the  Jersey  line,  who  claim  a  superior  rank 
in  the  army  to  that  occupied  by  the  proposed  commander  during 
the  war.  There  are  about  four  thousand  men  encamped  here. 
They  are  in  high  spirits  and  eager  for  the  fray ;  but  for  my  own 
part,  if  I  dared  to  indulge  a  pacific  wish  in  so  warlike  a  scene,  it 
would  be  for  the  restoration  of  order  without  the  further  display 
of  the  power  of  the  government,  or  the  indulgence  of  a  vindic 
tive  spirit.  A  meeting  was  to  be  held  by  the  insurgents  on  the 
second  instant,  which  may  lead  to  that  event." 

"CARLISLE,  9  Oct.   '94. 

"  The  great  secret  of  arrangement  is  at  last  divulged.  Gov 
ernor  Lee  first  in  command,  Governor  Mifflin  second,  and 
Governor  Howell  third.  Mifflin  commands  the  Pennsylvania 
and  Jersey  lines,  till  the  two  columns  unite  at  Bedford.  General 
Hand  is  appointed  adjutant-general  for  the  whole  army.  The 
march  is  to  be  commenced  on  Friday,  the  tenth,  and  the  Presi 
dent  expects  that  we  shall  reach  Bedford  on  the  sixteenth. 

"  I  mentioned  to  you  that  a  meeting  would  be  held  by  the 
insurgents  on  the  second  instant.  The  result  has  been  a  declara 
tion  of  submission,  and  the  appointment  of  Mr.  Findlay  and  Mr. 
Reddick  as  commissioners  to  entreat  that  the  army  may  not 
enter  their  country.  The  general  opinion  spurns  at  this  puny 


36  LIFE   OF  A.  J.  DALLAS. 

expedient,  suggested  by  mere  panic  ;  but  I  cannot  help  regarding 
it  as  a  favorable  symptom  of  a  short  campaign, — at  least  of  a 
bloodless  one.  The  commissioners  are  expected  this  day,  and 
it  is  not  improbable  that  they  will  arrive  in  time  to  meet  the 
President  before  his  departure  for  Fort  Cumberland.  The  best 
consequence  that  I  expect  from  the  visit  is  the  President's  ex 
planation  of  the  evidence  of  submission  that  will  be  satisfactory 
to  him ;  and  I  think  that  a  general  declaration  of  obedience  to 
the  excise  system,  and  an  immediate  surrender  of  their  leaders, 
will  be  among  the  essential  conditions. 

"The  accounts  continue  to  be  various  from  various  quarters 
with  respect  to  the  probability  of  an  opposition.  One  fact,  how 
ever,  seems  well  authenticated.  Bradford,  having  himself  sub 
scribed  the  terms  of  pardon  originally  proposed,  recommends 
submission  to  his  followers  on  this  avowed  footing,  that  they 
may  take  time  for  better  preparation  to  effect  their  object;  and 
one  Hamilton  (a  man  who  has  hitherto  acted  under  Bradford's 
auspices)  has  bound  five  hundred  insurgents,  in  the  neighbor 
hood  of  Washington,  by  a  solemn  oath  to  support  each  other  or 
die  in  the  attempt,  if  the  army  should  offer  to  seize  or  injure  any 
of  them.  Notwithstanding  this,  and  a  thousand  other  reports 
of  a  disposition  for  resistance,  I  believe  the  troops  will  march  in 
perfect  safety  to  Pittsburg  and  back  again.  Some  accidents  may 
happen  in  parties  sent  out  to  apprehend  particular  characters, 
but  I  am  confident  there  will  be  no  general  encounter  of  hostile 
bodies." 

•7. 

"CARLISLE,  13  Oct.  '94. 

"  Never  was  there  so  narrow  an  escape  !  As  I  was  passing 
down  the  main  street  towards  the  Jersey  camp,  in  company  with 
Mr.  Hoge,  of  the  State  Senate,  and  Mr.  Brown,  a  ball  passed 
within  three  inches  of  my  back,  and  shattered  a  stone  in  the  wall 
of  a  stable  about  five  yards  on  my  left.  B.  had  stopped  at  the 
door  of  the  post-office,  ten  yards  behind,  and  Hoge  had  advanced 
about  two  yards  before  me.  We  started  at  the  report  of  the  gun. 
For  a  moment  I  suspected  design,  and  looked  anxiously  around 
to  discover  the  person  who  had  fired.  It  proved  to  be  a  gun 
smith,  trying  a  rifle  for  an  officer  of  one  of  the  corps,  and  in  his 
great  wisdom  he  had  placed  his  mark  in  a  direction  that  crossed 
the  principal  road  within  point-blank  shot.  The  accident  has 
cost  me  some  reflection,  and  I  may  be  the  safer  for  it  in  future. 

"  Though  a  very  small  part  of  the  Pennsylvania  quota  had 
reached  the  rendezvous  on  the  arrival  of  the  President,  the  state 
of  preparation  obviously  exceeded  his  expectations.  He  spoke 
publicly  in  terms  of  encomium  ;  and  Mr.  Hamilton  did  not  hesi 
tate  to  tell  me  that  the  exertions  of  the  governor  had  been  suc 
cessful  beyond  the  most  sanguine  hopes  of  the  friends  of  the 


LIFE   OF  A.  J.  DALLAS.  37 

government.  Notwithstanding,  indeed,  the  flashes  of  the  other 
States,  particularly  of  New  Jersey,  the  Pennsylvania  militia 
have  been  the  most  numerous  and  the  most  expeditious  in  assem 
bling  ;  and,  I  will  add,  they  are  as  well  arrayed  and  as  well 
disciplined  as  any  body  of  troops  that  were  ever  collected  on  a 
similar  occasion.  The  only  counties  that  have  failed  materially 
in  turning  out  their  quotas  are  Northampton  and  Bucks.  The 
deficiency,  however,  is  amply  supplied  by  volunteers  from  coun 
ties  not  included  in  the  requisition  and  from  counties  that  have 
furnished  more  than  their  quotas.  All  the  Pennsylvania  militia 
have  reached  the  rendezvous.  The  Maryland  arid  Virginia 
militia,  who  are  to  rendezvous  at  Fort  Cumberland,  about  twenty- 
five  miles  from  Bedford,  had  not  reached  that  station  a  few  days 
ago,  but  were  marching  rapidly  towards  it.  Some  troops  of 
horse  and  a  volunteer  corps  of  infantry,  under  General  Freling- 
huysen,  are  still  expected  at  Carlisle  from  New  Jersey.  It 
appears  to  me,  however,  that  every  corps  which  arrives  after  this 
time  will  be  too  late  to  participate  in  the  business  of  the  cam 
paign.  But  it  is  certain  that  a  sufficient  force  for  the  purposes 
of  government  has  already  proceeded  towards  Bedford,  there  to 
unite  with  the  column  of  Virginia  and  Maryland  troops.  On 
Friday,  Saturday,  and  Sunday  about  seven  thousand  five  hun 
dred  men  took  up  the  line  of  march.  Friday  was  the  first  day 
that  my  lame  leg  suffered  me  to  limp  abroad,  and  I  went  to  view 
the  departure  of  the  army.  The  sight  was  inconceivably  awful 
and  interesting.  The  cause  of  the  expedition,  the  characters 
engaged  in  it,  and  the  doubts  that  hang  upon  the  catastrophe 
were  calculated  to  produce  the  most  affecting  sensations ;  and 
when  I  saw  the  President  lift  his  hat  to  the  troops  as  they  passed 
along,  I  thought  I  caught  a  glimpse  of  the  revolutionary  scene. 
"  When  I  speak  of  doubts  that  hang  on  the  catastrophe  of  this 
expedition,  I  do  not  mean  to  excite  the  least  doubt  of  the  success 
of  the  government,  but  how  long  it  will  take  to  restore  order ; 
whether  any  resistance  will  be  made,  and  to  what  extent ;  how 
many  accidents  may  occur;  who  will  be  treated  as  delinquents; 
and,  to  sum  up  all,  what  atonement  will  expiate  the  offences  of 
the  western  counties  and  appease  the  resentments  of  the  army, 
are  questions  painful  to  conceive  and  difficult  to  decide.  Messrs. 
Findlay  and  Reddick  have  repeatedly  conferred  with  the  Presi 
dent.  They  report,  in  the  warmest  language,  the  manly,  candid, 
and  firm  though  moderate  complexion  of  his  conduct  and  dis 
course,  and  express  the  greatest  solicitude  that  he  should  accom 
pany  the  army.  This,  however,  he  stated  to  be  impracticable ; 
but  assured  them  that  he  would  take  every  precaution  to  preserve 
discipline,  and  to  insure  safety  to  those  who  had  acceded  to  the 
propositions  for  submission,  as  well  as  to  the  uniform  friends  of 
government.  It  is  evident,  notwithstanding  this  assurance,  that 


38  LIFE   OF  A.  J.  DALLAS. 

they  are  dejected  and  fearful.  They  were  anxious  to  ascertain 
the  evidence  of  submission  that  would  be  satisfactory.  From 
the  nature  of  the  inquiry,  he  could  not  give  an  explicit  answer ; 
but  he  stated  a  variety  of  facts  that  had  recently  occurred,  and 
observed  that  to  any  man  of  common  sense  and  reflection  the 
principal  means  of  evincing  a  restoration  to  order  must  readily 
occur.  They  have  promised  to  do  everything  that  men  can  do ; 
but  they  have  not  authority,  and  they  do  not  seem  to  possess 
confidence  to  pledge  themselves  for  a  general  acquiescence  in  the 
excise  laws ;  nay,  at  the  very  moment  of  their  negotiation,  they 
acknowledged  that  General  Xeville  could  not  return  to  his  deso 
lated  farm  with  safety.  Findlay  asked  my  opinion ;  I  gave  it 
as  I  believe  I  have  already  given  it  to  you,  that  a  surrender  of 
the  leaders,  an  entry  of  the  stills,  and  a  renewal  of  the  oath  of 
allegiance  to  the  United  States  were  indispensable  before  any 
specific  overtures  from  the  insurgents  could  be  attended  to. 
Both  the  commissioners,  with  apparent  sincerity,  have  declared 
that  they  are  not  acquainted  with  any  man  who  can  be  denom 
inated  a  leader  that  has  not  saved  himself  under  the  propositions 
for  an  amnesty.  David  Bradford  wrote  a  letter  by  them  to  the 
governor,  in  which  he  not  only  pleads  his  submission  in  time, 
but  alleges  that  he  has  acted  with  a  view  to  befriend  the  govern 
ment  from  the  commencement  of  his  diabolical  career.  This 
state  of  things,  however,  only  serves  to  perplex  and  irritate  the 
troops.  It  strengthens  the  necessity  of  their  march,  and  I  have 
no  doubt  that  the  commander-in-chief  will  be  prepared  on  the 
spot  to  designate  the  objects  of  seizure  and  punishment.  It  is 
in  cases  of  detachments  sent  to  apprehend  such  characters  that 
I  principally  fear  the  effusion  of  blood.  A  desperate  man  will 
be  disposed  to  fortify  his  house  or  barn  and  muster  all  his 
friends  to  defend  it.  Before  that  effect  is  produced,  however,  I 
expect  that  another  will  be  generated  by  the  approach  of  the 
army.  The  friends  to  government,  who  have  hitherto  been 
awed  into  silence  and  inactivity,  will  unfurl  their  standard. 
The  disaffected  or  the  lukewarm,  who  have  not  mingled  in  the 
riots,  will  endeavor  by  striking  actions  to  secure  themselves 
from  suspicion  and  danger.  All  who  have  made  themselves 
obnoxious  to  punishment  will  either  attempt  to  excite  the  popu 
lace  to  resistance  or  fly  from  the  country.  In  this  fermented 
state  of  things  the  insurrection  may  work  itself  pure  without 
any  aid  from  our  military  chemists,  but  the  process  will  be 
dreadful.  The  arm  of  government,  uplifted  against  the  insur 
gents,  may  be  interposed  to  prevent  the  waste  of  property  and 
the  destruction  of  life  among  them.  A  war  conducted  as  such 
a  war  would  be,  under  the  influence  of  personal  enmities,  cannot 
be  contemplated  without  horror." 


LIFE   OF  A.  J.  DALLAS.  39 

8. 

11  BEDFORD,  19  October,  1794. 

"  The  uninterrupted  march  of  six  days  has  precluded  me  from 
all  opportunity  of  writing  to  you.  If  that  pleasure  could  be 
supplied  by  any  other,  the  sublime  scenes  which  have  been  ex 
hibited  from  the  summits  of  the  loftiest  mountains  that  I  have 
ever  viewed  would  go  far  to  compensate  me.  Two  days  after 
we  left  Carlisle  the  army  encamped  at  a  small  village  called 
Strasburg,  at  the  foot  of  the  North  Mountain,  which  rises  in  a 
bold  and  awful  manner  to  an  amazing  perpendicular  height.  At 
first  the  mountain  seemed  inaccessible ;  but,  winding  through  a 
narrow  gap,  we  formed  an  excellent  road,  which  left  nothing  for 
complaint  but  what  could  not  be  remedied, — the  steepness  of  the 
ascent.  The  journey  was  overpaid  by  the  prospects.  Before 
us  lay  a  valley  of  immeasurable  depth  and  extent.  Behind  us, 
the  horizon,  at  the  distance  of  many  leagues,  was  bounded  by 
the  eastern  ranges  of  the  mountains  in  the  neighborhood  of  Car 
lisle.  Every  object  was  upon  a  large  and  striking  scale.  The 
change  of  the  scene  had  a  wonderful  effect  upon  our  feelings  and 
vision.  I  saw  nothing  that  could  excite  the  common  sensations 
of  pleasure, — no  rich  vales,  no  cultivated  farms,  no  populous  set 
tlements.  One  vast  pile  of  mountain  upon  mountain,  or  one 
continued  range  of  wilderness  and  forest,  alternately  fixed  the 
attention.  But  my  mind  was  overcome  by  awe.  I  felt  at  one 
time  an  inclination  to  weep ;  at  another,  I  stopped  my  horse  to 
indulge  in  a  fit  of  laughter.  When  I  gazed  across  the  valley,  I 
experienced  an  insurmountable  solicitude,  something  like  what 
occurs  when  a  man  cannot  comprehend  a  subject  that  is  pro 
posed  to  him ;  and  when  I  advanced  to  catch  a  glance  of  the 
precipices  that  bounded  the  road  upon  either  side,  I  felt  terrors 
and  propensities  that  I  can  only  compare  to  the  terrors  of  guilt 
and  the  propensities  of  madness.  I  wish  to  give  you  an  idea  of 
the  scene  from  its  effects ;  but  the  hand  which  created  can  alone 
describe  it.  Nature  and  Nature's  God  were  everywhere  visible 
to  the  eye  and  sensible  to  the  heart.  You  know  that  our  sight 
is  the  most  deceitful  of  our  senses  ;  in  truth,  it  communicates 
nothing  to  us  exactly  in  the  light  in  which  it  is  received.  The 
army,  while  we  continued  in  the  low-lands,  appeared  astonish 
ingly  numerous  ;  the  men  that  composed  it  appeared,  from  their 
port  and  equipments,  gigantic ;  and  every  horse  moved  with  the 
solemnity  and  stature  of  an  elephant.  The  moment  these  objects 
came  in  contact  with  the  mountains  and  the  forests,  they  dimin 
ished  in  the  apparent  size  and  number.  On  the  top  of  the  Tus- 
carora,  our  army  appeared  like  a  race  of  dwarfs,  and  our  cavalry 
like  a  race  of  mules. 

"Judge  Peters  afforded  us  considerable  mirth  on  the  road. 
He  strings  puns  as  well  and  as  closely  as  your  old  friend  Ad- 


40  LIFE   OF  A.  J.  DALLAS. 

miral  La  Forey.  I  observed  to  him,  after  having  slept  tog-ether 
at  a  petty  tavern,  near  the  crossings  of  the  Juniata,  in  a  room 
which  had  little  covering  above  and  was  open  to  the  cold  wind 
on  every  side,  that  I  had  no  idea  of  the  existence  of  so  rude,  so 
uncultivated,  so  barren,  so  uninhabitable  a  country  within  the 
boundaries  of  Pennsylvania.  '  I  differ  from  you,' cried  he;  'I 
think  it  the  most  hospitable  country  that  I  ever  travelled  through, 
for  all  the  inhabitants  keep  open  house!1 

"You  would  suppose  that  on  the  mountain's  top  the  goddess 
of  Health  had  raised  her  temple.  The  air,  too,  appeared  fresh 
and  clear;  but,  throughout  the  country,  intermitting,  remitting, 
and  ague  fevers  have  made  dreadful  havoc ;  and  even  on  the 
summit  of  the  Tuscarora  a  numerous  family  presented  themselves 
as  objects  of  charity,  depressed  with  poverty  and  emaciated  by 
disease.  Taking  into  view  all  that  has  passed  before  us,  one 
would  imagine  that  the  army  is  the  only  healthy  body  of  men 
in  the  State.  The  sickly  region  seemed  to  commence  before 
we  reached  the  Susquehanna ;  and  we  are  told  that  it  will  ter 
minate  when  we  have  scaled  the  Alleghany.  Besides  the  per 
manent  inhabitants  who  are  afflicted,  the  road  is  crowded  with 
itinerants,  who  are  flying  from  the  feverish  swamps  of  Maryland 
and  Delaware  to  Westmoreland  or  Kentucky.  A  small,  ill-con 
trived  wagon,  drawn  by  a  single,  old,  and  meagre  horse,  was  met 
yesterday  ascending  a  hill,  after  having  disgorged  ten  passengers, 
who  were  of  ages  from  eighty  years  to  three  months.  Every 
one  of  them  was  worn  down  with  fever  and  ague.  I  expressed 
to  the  grandfather  of  the  brood  my  surprise  at  their  undertaking 
a  journey  in  such  circumstances.  '  Providence  is  very  kind,'  says 
the  old  man  (and  he  shook  with  age  and  ague  as  he  spoke), 
'  Providence  is  very  kind  ;  he  does  not  suffer  the  fever  to  attack 
us  all  on  the  same  day;  and  so  we  take  it  by  turns  ^o  drive  the 
wagon  and  to  nurse  the  sick.'  '  But  what  can  tempt  you  to 
transplant  yourself  at  your  time  of  life  into  so  rough  and  remote 
a  country?'  'Fifty  years,  man  and  boy,'  he  replied,  'I  have 
been  afflicted  with  this  cruel  fever ;  it  has  become  constitutional 
with  me.  I  do  not  expect  to  get  rid  of  it  by  the  journey  ;  and 
old  age  is  a  disease  which  may  be  increased  but  cannot  be  cured 
by  a  change  of  residence.  As  I  have  suffered,  however,  I  know 
the  extent  of  the  calamity.  It  has  soured  every  morsel  I  have 
eaten  and  embittered  every  drop  that  I  have  drank.  My  labor 
produced  no  profit,  and  my  family  no  delight.  When,  therefore, 
I  beheld  my  sons  and  their  children  exposed  to  the  same  blight, 
I  resolved  to  lead  them  forth  and  to  make  a  last  effort  to  preserve 
the  life  which  I  had  given  them.  We  are  poor,  the  road  is 
rough,  and  our  asylum  is  remote  ;  but  the  very  hope  of  acquiring 
health  supports  and  exhilarates  us  in  every  step  we  take.'  The 
wagon  had  by  this  time  reached  the  top  of  the  hill ;  the  wretched 


LIFE    OF  A.  J.  DALLAS.  41 

family  again  entered  it ;  and  you  will  join  me  in  wishing  them 
success  in  their  search  for  health. 

"  If  I  were  less  interested  in  our  correspondence,  I  had  the 
means  of  gratifying  an  indolent,  or  an  indifferent,  disposition 
presented  to  me  yesterday.  A  coarse-looking  fellow,  with  a  red 
woollen  cap  on  his  head  and  a  shaggy  beard  on  his  chin,  was 
writing,  in  an  affected  posture,  while  a  dozen  soldiers  sat  round 
him,  with  countenances  expressive  of  great  attention,  admira 
tion,  and  pleasure.  I  wondered  what  could  be  the  nature  of  the 
business.  The  amanuensis  soon  satisfied  me.  Having  finished 
a  sentence,  he  began  to  read  his  composition  to  his  audience  in 
the  following  words :  '  My  dear  wife,  we  have  had  a  long  and 
troublesome  march.  It  made  me  very  unhappy  to  go  so  far  from 
you  ;  but,  my  dear  wife,  my  country  called  me.  When  we  have 
thrashed  the  whiskey-boys,  I  shall  return  with  rapture  to  your 
arms.  Till  then,  don't  make  yourself  uneasy  on  my  account. 
My  dear  wife,  I  hope  the  children  are  well,  as  I  am  at  this 
writing,  etc.'  The  person  for  whom  the  letter  was  written  could 
hardly  restrain  his  ecstasy  while  it  was  half  spelled  and  half 
read,  '  a  la  mode  de  Darby.'  At  the  close  of  the  reading  the 
group  united  in  one  burst  of  applause,  and  each  man  begged 
that  a  copy  of  the  letter  might  be  made  for  him.  One,  however, 
asked  if  it  could  not  be  so  altered  as  to  serve  for  a  sweetheart 
as  well  as  a  wife ;  and  another  wished  the  part  about  children  to 
be  left  out,  if  it  would  not  hurt  the  composition,  as  he  had  not 
been  married  long  enough  to  do  more  than  lay  the  foundation 
for  being  called  a  father.  The  cost  of  each  letter  was  two-pence ; 
and  you  now  perceive  how  easily  and  how  cheaply  I  might  keep 
up  our  correspondence  in  this  mechanical  mode. 

"  The  President  is  expected  hereto-day.  The  right  column, 
said  to  be  six  thousand  strong,  under  General  Morgan's  com 
mand,  have  marched  from  Fort  Cumberland,  by  the  way  of  Brad- 
dock's  road,  into  the  revolted  counties.  We  expect  our  column 
will  be  put  in  motion  on  Wednesday  next.  Before  then  I  will 
write  to  you  by  an  express." 

9. 

"  BEDFORD,  23  October,  1794. 

"  Every  idea  of  resistance  has  vanished,  and  the  entrance  of 
the  army  into  the  western  counties  can  only  be  with  a  view 
to  manifest  the  power  of  the  government.  That  will  be  accom 
plished  by  the  march  through  the  country,  and  we  now  understand 
that  it  will  only  take  six  or  seven  days  to  carry  us  to  the  ulti 
mate  point  of  our  route.  It  is  said  that  Parkynson's  Ferry  will 
be  the  place  of  general  rendezvous.  From  that  to  Fort  Pitt  is 
a  distance  of  about  twenty-five  miles. 

"  If  ever  I  leave  my  home  again  for  a  soldier's  life, — but  I  will 

4 


42  LIFE    OF  A.  J.  DALLAS. 

make  no  protestations.  I  have,  indeed,  no  reason  to  complain, 
comparatively  with  others,  of  my  accommodations  and  treat 
ment.  Our  stores  have  lasted  admirably,  and  cannot  fail  for  the 
period  which  I  have  mentioned.  I  have  never  slept  in  a  tent, 
but  must  do  it  to-night.  With  respect  to  the  rest,  I  shared  at 
first  in  the  odium  of  certain  imprudences,  but  my  sequestration 
from  head-quarters  restored  me  to  full  credit.  The  incessant 
scene  of  business  in  which  I  have  been  engaged  has  afforded  the 
opportunity  to  acquire  the  friendship  of  some,  to  command  the 
approbation  of  all,  and  to  remove  the  prejudices  of  many  members 
of  the  army. 

"  The  army  took  up  their  line  of  march  yesterday.  The  rear  is 
at  this  moment  leaving-  the  town.  I  viewed  the  parade  of  their 
departure  from  a  lofty  hill.  It  was  grand.  The  infantry,  about 
six  thousand ;  the  cavalry,  about  two  thousand  ;  and  the  bag 
gage  wagons,  about  seven  hundred.  The  expense  and  waste  of 
such  an  army  are  inconceivable  ;  but  I  think  the  government 
will  be  amply  compensated  by  the  effect  which  the  prompt  ap 
pearance  of  such  a  force  upon  such  an  occasion  must  produce 
throughout  the  continent  and  throughout  Europe. 

"Judge  Peters  and  Mr.  Rawle  accompany  us  in  our  march. 
The  President  took  his  leave  of  the  troops  in  a  manly,  judicious, 
and  affectionate  letter,  in  which  he  recognizes,  in  strong  terms 
of  praise  and  gratitude,  their  patriotic  exertions,  and  warns  them 
against  any  excesses  that  can  sully  the  reputation  which  they 
have  already  acquired.     He  adds  a  declaration  (a  very  neces 
sary  and  a  very  beneficial  one)  that  it  is  intended  to  employ  the 
military  in  strict  subordination  to  the  civil  authority.    Upon  that 
principle  our  campaign   has   already  opened.     The  judge   and 
attorney  have  been  incessantly  engaged  in  issuing  warrants  to 
apprehend  the  principal  rioters  in  this  county,  and  the  process  is 
regularly  executed  by  the  marshal,  under  an  escort  of  cavalry. 
In    this"  way   Filson,   Lucas,   Husband,   and   Wisecarver,   four 
notorious  rioters,  have  been   seized,  and    are  on  their  way  to 
Philadelphia  jail,  with  a  guard  of  twelve  troopers.     We   shall 
collect  the  group   of  leading  insurgents   in  other  counties   by 
similar  exertions,  if  they  stand  their  ground.     But  we  receive 
daily  accounts  of  numbers  that  are  endeavoring  to  save  them 
selves  by  flight.     Boats  loaded  with   fugitives  are  constantly 
passing  down  the  Ohio.     Bradford  hugs  himself  in  an  imaginary 
indemnity,  and  *******  seems  to  think  that  he  has  per 
suaded  government  into  the  belief  of  his  having  acted  under  a 
mask  with  a  view  to  facilitate  the  restoration  of  order.     These 
men  have  been  delinquent,  and  merit  the  punishment  that  awaits 
them.     But  there  are  others  who,  without  having  participated  in 
the  violences  of  the  opposition  to  the  law,  are  inconceivably 
obnoxious  as  the  original  propagators  of  the  doctrines  which 


LIFE    OF  A.  J.  DALLAS.  43 

have  eventually  produced  these  violences.  The  names  of  Find- 
ley,  Smilie,  and  Gallatin  are  at  the  head  of  this  catalogue.  I 
never  undertake  to  defend  any  man's  conduct  at  this  season  and 
upon  this  subject,  but  I  am  persuaded  that  these  gentlemen  are 
safe  in  point  of  law." 

10. 

"PREATOR'S,  at  the  top  of  the  Alleghanv 
Mountain,  26  October,  1794. 

"  The  march  from  Bedford  has  been  inexpressibly  tedious,  but 
I  think  a  day  more  unfortunate  could  not  happen  than  yesterday. 
We  had  a  march  of  ten  miles  to  encounter,  in  order  to  gain  the 
summit  of  the  celebrated  Alleghany  Mountain.  The  preceding 
evening  was  cloudy,  and  during  the  night  the  whole  country  was 
deluged  with  rain.  When  the  signal  for  taking  the  line  of  march 
was  given,  a  heavy  fog  covered  the  face  of  the  earth,  which 
occasionally  assumed  the  appearance  and  effect  of  a  cold,  pene 
trating  sleet.  At  the  place  from  which  I  am  now  writing,  the 
army  divided, — the  Jersey  line  pursuing  the  route  to  a  solitary 
tavern,  called  Black's,  and  the  Pennsylvania  line  proceeding  to  a 
small  Dutch  village,  called  Berlin.  The  roads,  upon  every 
rational  calculation,  seemed  impassable,  but  the  troops  reached 
their  stations  about  dusk.  The  baggage  wagons,  however,  were 
all  detained  till  midnight,  and  many  of  them  were  overset,  broken, 
etc.  The  Pennsylvanians  in  general  were  accommodated  in  the 
village  churches,  houses,  and  barns,  but  the  Jersey  troops  could 
not  find  the  least  covering  to  shelter  themselves  from  the  most  in 
clement  night  that  I  ever  witnessed.  The  order  was  issued  for 
renewing  the*  march  this  morning,  but  the  officers  declared  that 
the  situation  of  the  men  rendered  it  impracticable.  The  frequent 
recurrence  of  such  scenes  will  at  least  try  the  zeal  and  patriotism 
of  the  troops.  The  strongest  constitutions  and  the  firmest  pa 
tience  will  hardly  bear  them  out.  The  language  of  discontent 
has  already  been  heard.  There  is  no  enemy  to  encounter,  no 
object  evident  to  common  optics  to  be  attained  by  transporting 
such  a  force,  at  such  a  time,  into  such  a  country.  Why,  then, 
proceed  ?  Or,  if  you  will  proceed,  why  expose  the  men  to 
weather  and  to  want  in  a  way  which  many  say  was  never  known 
during  the  Revolutionary  war,  and  which  I  say  no  European 
general  would  attempt  in  conducting  a  disciplined  army  into  the 
field  ?  Such  are  the  present  ideas  upon  the  subject.  I  shall  be 
happy  if  they  continue  so  temperate  throughout  the  march  ;  but 
I  am  already  prepared  to  join  a  soldier  who,  in  a  tent  adjoining 
mine,  kept  me  awake  all  night  with  singing,  'A  soldier's  life's  a 
lazy  life,  a  drunken  life,  a  slavish  life,  a  blackguard  life.' 

"  The  song  was  sung  the  only  night  that  I  slept  in  a  tent, 
which  was  the  one  preceding  the  storm  that  I  have  described. 


44  LIFE    OF  A.  J.  DALLAS. 

Not  pleased  with  the  experiment,  and  warned  by  the  clouds  that 
hung  upon  the  mountain,  Mr.  Brown  and  myself  hastened  a  few 
miles  ahead  of  the  army  to  shelter  ourselves  under  the  roof  of  a 
wretched  tavern.  In  this  asylum  we  have  escaped  being  drenched 
and  frozen,  and  therefore  it  would  be  ungrateful  to  note  the 
smaller  inconveniences  which  we  encountered.  Under  auy  other 
circumstances,  however,  I  should  have  found  even  those  insup 
portable.  Little  to  eat,  only  whiskey  to  drink,  bad  cooks,  noisy 
companions,  a  wet  room,  and  stinking  beds  are  not  pleasant  sub 
jects  to  brood  upon ;  and  yet,  as  long  as  the  weather  continues 
as  it  is,  I  shall  cheerfully  accept  them  in  lieu  of  colds,  fevers, 
agues,  pleurisies,  etc.,  and  the  catalogue  of  calamities  to  which 
the  army  is  constantly  exposed.  I  am  not  in  pursuit  of  military 
fame,  and  the  value  which  you  place  on  my  life  increases  the 
natural  anxiety  to  preserve  it. 

"I  wrote  thus  far  without  knowing  how  I  should  send  my 
letter.  An  express  has  just  stopped  at  the  door  of  the  tavern, 
and  tells  me  he  goes  with  letters  from  the  camp  (about  five 
miles  off)  to  the  President.  The  tempestuous  weather  contin 
ues  ;  and  I  think  it  probable  that  the  object  of  the  present  ex 
press  is  to  procure  authority  for  altering  our  route.  At  all  events, 
I  shall  leave  the  army,  on  my  return  to  Philadelphia,  on  the  fifth 
or  sixth  of  November.  Notwithstanding  the  storm,  there  seems 
to  be  a  disposition  to  order  the  troops  to  march  at  nine  o'clock 
to-morrow  morning.  If  so,  I  must  go." 


11. 

"  CAMP,  at  Bonnet's,  near  Cherry  Mill, 
81  October,  1794. 

"I  have  at  length  the  pleasure,  by  way  of  paradox,  to  decline 
any  further  correspondence  with  you.  I  shall  certainly  leave 
the  army  on  or  before  the  fifth  of  November.  That  I  should  be 
tired  of  the  jaunt  is  not  extraordinary,  for  I  never  promised  my 
self  much  gratification  in  commencing  or  pursuing  it ;  but  the 
same  solicitude  for  its  termination  prevails  among  the  most  frol 
icsome  and  the  most  patriotic  heroes  of  the  army.  The  effect  is 
easily  traced  to  its  cause.  With  many  the  expedition  was  under 
taken  during  the  effervescence  of  a  transient  resentment,  pro 
duced  by  the  popular  clamor  against  the  insurgents.  With  some 
it  was  entered  into  as  a  frolic.  Most  people  thought  it  would 
not  carry  us  beyond  Carlisle  ;  no  one  imagined  it  would  trans 
port  us  across  mountains  and  precipices  into  this  rude  and  almost 
unexplored  region.  Every  calculation  being  erroneous,  no  won 
der  the  calculators  are  dissatisfied.  The  disappointment,  how 
ever,  might  have  been  subjected  to  the  rules  of  a  philosophic  ac 
quiescence,  if  any  object  could  be  discovered  for  the  perseverance 


LIFE    OF  A.  J.  DALLAS.  45 

of  those  who  have  led  us  sometimes  into  the  clouds,  and  some 
times  into  the  depths  of  the  earth  ;  but  fifteen  thousand  men 
have  been  marched  three  hundred  miles  without  a  symptom  of 
opposition,  and  they  are,  at  this  moment,  in  the  heart  of  the 
enemy's  country,  with  plenty  around  them  of  everything  but 
avowed  enemies.  The  fact  is  so  farcical  that  it  would  excite 
laughter,  did  we  not  reflect  upon  the  public  expense  and  the 
waste  of  private  happiness  which  it  has  produced.  I  do  not 
mean  to  say  that  the  expedition  was  impolitic  or  improper;  but 
that  it  has  been  protracted  in  a  manner  that  appears  to  me 
wantonly  extravagant." 

is. 

"  BEDFOKD,  8  November,  1794. 

"As  it  is  possible  that  the  post  may  pass  us  on  the  road,  I 
have  taken  the  chance  to  apprise  you  of  our  arrival  at  Bedford 
on  our  way  home.  Mr.  Ingersoll  and  myself  were  equally  eager 
in  prosecuting  our  journey  ;  and  I  think  I  shall  have  the  pleasure 
of  seeing  you  on  Thursday  or  Friday  next.  The  first  will  be 
our  object ;  but  if  we  attain  the  other,  it  will  bring  us  within 
my  old  precept:  attempt  the  impossible  and  you  will  achieve 
the  extremely  difficult. 

"  We  left  the  army  as  soon  as  its  ultimate  point  of  march  was 
fixed.  The  main  body  of  our  column  will  remain  on  the  east 
bank,  at  Budd's  Ferry,  and  the  main  body  of  Governor  Lee's 
column  will  remain  on  the  west  bank  of  the  Youghiogeny,  till 
the  line  of  march  for  returning  to  their  respective  homes  shall 
be  taken  up.  This  will  be  in  the  course  of  a  week.  The  light 
troops  of  both  columns  will  form  a  junction,  and  be  employed  in 
sending  out  detachments  to  scour  the  country,  seize  whiskey-boys, 
etc.  during  the  residue  of  the  campaign.  It  is  probable,  because 
indeed  it  appears  necessary,  that  a  competent  force  will  be  left 
in  the  refractory  counties  to  keep  them  in  awe  during  the  winter; 
but  this  measure  must  originate  in  Congress,  as  the  existence 
of  the  present  army  expires,  agreeably  to  the  limitation  of  the 
act  which  authorized  its  being  raised,  in  thirty  days  after  the 
meeting  of  that  body.  It  does  not  appear  to  me  that  any  trust 
can  be  put  in  the  principles  or  remorse  of  the  rioters ;  there  is 
nothing  but  fear  and  coercion  that  will  insure  their  submission. 
Many  of  them  have  fled,  it  is  said,  into  the  woods ;  of  those 
that  remain,  several  have  been  hardy  enough  to  threaten  a  re 
newal  of  their  violences  as  soon  as  the  army  is  removed  ;  and 
the  smilmg  countenances  which  others  assume  are  not  sufficient 
to  conceal  the  hypocrisy  at  their  hearts." 

These  letters,  without  entering  into  minute  details, 
enable  the  reader  to  form  a  fair  judgment  respecting  the 


46  LIFE    OF  A.  J.  DALLAS. 

military  expedition  to  suppress  the  outbreak  commonly 
called  the  Whiskey  Insurrection.  While  the  Union  was 
yet  in  its  infancy  and  unconscious  of  its  herculean  ener 
gies,  it  was  the  part  of  wisdom  to  permit  its  safety  to  be 
placed  as  little  as  possible  at  hazard.  No  one  can  ques 
tion  the  prudent  and  humane  policy  which  actuated  the 
President  in  determining  to  relieve  the  nation  at  once 
from  every  possible  danger  by  a  demonstration  of  irre 
sistible  strength.  At  this  day,  however,  we  should  look 
with  a  smile,  or  with  alarm,  upon  an  executive  requisition 
for  an  army  of  fifteen  thousand  men,  to  quell  an  agita 
tion  so  local  and  limited  as  the  one  that  has  been  depicted. 
Our  present  confidence  is  the  offspring  of  experience, — 
springing  from  an  ascertained  certainty  that  the  form  of 
the  government  is  deeply  rooted  in  the  affections  and 
veneration  of  the  people.  We  rely  upon  their  nearly 
unanimous  attachment  to  the  constitution,  that  on  all 
occasions  of  civil  discord  thins  the  ranks  of  disaffection 
more  surely  than  artillery.  No  troops  additional  to  those 
already  in  garrison  were  deemed  necessary,  in  1831,  to 
maintain  the  laws  of  the  Union,  vehemently  disclaimed 
and  subverted  as  they  seemed  to  be  by  a  State  at  once 
united  and  inflamed.  A  single  regiment,  legally  put  in 
motion,  would,  in  any  part  of  our  country,  be  more  than 
sufficient  to  disperse  and  destroy  an  ephemeral  rebellion 
against  a  mere  act  of  Congress.  It  is,  indeed,  not  ex 
travagant  to  say  that  such  a  single  regiment,  especially  if 
employed  as  aids  and  agents  of  judicial  authority,  might 
more  rapidly,  quite  as  effectually,  and  at  comparatively 
no  cost,  have  overcome  and  banished  every  symptom  of 
the  insurrection  to  encounter  which  fifteen  thousand 
militia  concentrated  in  the  western  settlements  of  Penn 
sylvania.  That  we  are  able  to  entertain  this  supposition 
upon  a  full  after-knowledge  of  the  facts,  and  at  the  expira 
tion  of  sixty-eight  years,  implies  no  censure  of  the  mea 
sures  actually  pursued  by  those  on  whom  the  occasion 
broke  with  the  force  of  novelty,  at  a  critical  juncture  of 
political  experiment,  and  under  exaggerations  wlvMa  could 
neither  be  detected  nor  fail  to  stir  a  panic.  No  general 
proposition  is  more  true  than  the  one  stated  by  Chief 
Justice  Marshall  in  his  Life  of  Washington,  that  "when 
the  mind,  inflamed  by  supposititious  dangers,  gives  a  full 
loose  to  the  imagination,  and  fastens  upon  some  object 


LIFE    OF  A.  J.  DALLAS.  47 

with  which  to  disturb  itself,  the  belief  that  the  danger 
exists  seems  to  become  a  matter  of  faith,  with  which 
reason  combats  in  vain." 

All  insurrectionary  symptoms  having  been  dispelled, 
Mr.  Dallas  was  furnished  an  opportunity  by  the  legisla 
ture,  at  its  next  session,  to  place  upon  record  a  clear  and 
unanswerable  exposition  of  the  patriotic  conduct  of  the 
government  of  Pennsylvania.  He  seized  with  avidity  the 
occasion  of  a  mere  letter  of  inquiry  addressed  to  him  by 
a  committee,  and  framed  his  answer  in  the  shape  of  an 
elaborate  report.*  Nothing  could  be  more  authentic  in 
its  details  of  facts,  nothing  more  cogent  in  reasoning,  and 
nothing  more  conclusive  as  vindication.  In  thus  silencing 
forever  the  calumnious  assaults  too  readily  indulged  in 
against  Governor  Mifflin  and  his  associates,  he  exhibited 
a  power  only  surpassed  by  a  similar  effort  twenty  years 
afterwards,  in  his  justly-celebrated  pamphlet  delineating 
"  the  Causes  and  Character  of  the  War"  of  1812. 

This  disproportionately  huge  military  movement  against 
the  western  malcontents  had  an  unforeseen  tendency  to 
augment  the  bitterness  of  political  strife.  Although  the 
jealous  friends  of  liberty  could  rejoice  in  the  bloodless 
restoration  of  order,  they  perceived,  for  the  first  time,  with 
amazement  and  alarm,  the  immense  power  placed  by  the 
federal  constitution  practically  in  the  hands  of  the  lead 
ing  advisers  of  the  executive.  Such  a  power  was  unsafe 
while  lodged  with  men,  some  of  whom  were  believed  to 
incline  towards  a  rule  of  force,  rather  than  one  of  opinion ; 
of  rank  and  wealth,  rather  than  of  simplicity  and  equality. 
Candid  observers  remarked  how  eagerly  were  filled  from 
adjoining  States  the  files  of  an  army  destined  to  avenge 
and  enforce  a  favorite  measure  of  a  favorite  secretary  in 
those  districts  of  Pennsylvania  supposed  and  represented 
to  be  peculiarly  averse  to  his  policy.  The  patriarchal 
presence  of  Washington  seemed  the  only  guarantee  against 
the  excesses  of  a  vindictive  and  licentious  soldiery.  It 
was  the  fashion  of  the  day  also  to  retail  the  exaggerated 
accounts  given  by  English  newspapers  of  every  revolu 
tionary  excess  in  France;  to  invoke  a  vigorous  support 
of  government  by  all  the  delineated  terrors  of  Parisian 
clubs  and  mobs;  to  stigmatize  every  association  formed 

*  See  Wharton's  State  Trials  of  the  United  States,  page  161. 


48  LIFE    OF  A.  J.  DALLAS. 

for  political  vigilance,  information,  and  criticism  as  Jaco 
binical  ;  and  to  ascribe  the  insurrection,  not  to  the  un 
necessary,  abrupt,  and  unexpected  harshness  of  the  law 
it  resisted,  nor  to  the  criminal  passions  of  individuals,  but 
to  the  decried  and  destructive  principle  of  democracy. 
Unfortunately,  this  restive  impatience  of  obstacle  received 
countenance  'from  the  highest  quarters,  and  came  to  be 
considered  as  essential  among  the  supporters  of  the  ad 
ministration.  Under  ordinary  circumstances  it  might 
have  passed  by  without  much  result,  as  an  expedient 
substitution,  on  a  party  emergency,  of  cant  and  clamor 
for  argument ;  but  at  a  moment  of  martial  demonstration, 
while  swords  and  bayonets  were  being  handled  by  the 
partisans  of  power,  it  assumed  the  character  of  a  menace, 
and  instantly  awakened  to  fresh  and  fiercer  activity  the 
very  spirit  it  was  designed  to  paralyze. 

The  strength  of  the  opposition  had  been  gradually 
growing.  Denunciation  is  at  once  the  very  feeblest  and 
the  most  exasperating  weapon  with  which  differences  of 
opinion  can  be  combated.  The  Democrats,  among  whom 
no  one  was  more  conspicuous  than  Mr.  Dallas,  stood  their 
ground.  The  effort  to  crush  them  with  the  odium  of 
having  caused  or  stimulated  the  insurrection,  and  of  being 
disciples  of  Robespierre  and  Marat,  was  defeated  and 
rebuked  by  a  vote  in  the  popular  branch  of  Congress; 
and  very  soon,  a  measure  of  executive  policy  absorbing 
public  attention,  their  ability  and  energy  were  concen 
trated  against  it  from  all  parts  of  the  country,  in  a  manner 
equally  signal  and  impressive. 

At  this  distant  day  it  is  difficult  to  realize  the  excite 
ment  which  sprung  up  on  the  occasion  of  "  JAY'S  THEATY," 
sent  by  the  President  for  consideration  to  the  Senate  of 
the  United  States,  on  the  8th  of  June,  1795.  The  nego 
tiator  had  been  withdrawn  the  year  before  from  his  office 
of  chief  justice  of  the  supreme  court,  and  commissioned 
as  minister  plenipotentiary  to  Great  Britain,  at  a  moment 
when  projects  of  a  retaliatory  nature  against  that  nation 
were  actually  pending  in  the  House  of  Representatives. 
His  appointment  naturally  arrested  those  projects,  al 
though  his  known  political  predilections  precluded  the 
hope'that  the  sentiment  or  purpose  in  which  they  were 
founded  would  receive  his  attention.  He  was  welcomed 
at  the  court  of  London  with  open  arms ;  and,  giving  to  the 


LIFE    OF  A.  J.  DALLAS.  49 

objects  of  his  mission  and  his  instructions  both  assiduity 
and  ability,  a  treaty  of  amity,  commerce,  and  navigation, 
of  unusual  length  and  complexity,  was  signed  by  Lord 
Grenville  and  himself  on  the  19th  of  November,  1794.  A 
feverish  and  impatient  solicitude  prevailed  among  the 
agricultural  and  commercial  classes  of  America  while  the 
negotiation  was  in  progress;  and  as  the  result  did  not 
reach  our  government  before  the  seventh  of  March,  and 
was  not  submitted  to  the  specially-called  Senate  for  more 
than  three  months  afterwards,  ample  time  was  afforded  to 
allow  that  feeling  to  become  intense  and  universal.  It 
was  our  "coup  d'essai"  since  the  era  of  independence,  at 
diplomatic  arrangement  with  England,  and  there  were 
various  topics  of  which  both  our  interest  and  our  honor 
exacted  a  definite  and  just  settlement.  The  vehemence 
with  which  the  friends  and  journals  of  the  administration 
had,  during  all  the  operations  for  extinguishing  the  whis- 
•key  insurrection,  fulminated  against  everything  French, 
inspired  a  general  distrust  that  shameful  and  injurious 
concessions  were  being  made  to  a  partiality  for  everything 
British;  and  the  secrecy  of  senatorial  consultations,  pro 
tracted  for  weeks,  though  ultimately  broken  through,  did 
but  sharpen  to  the  utmost  the  public  curiosity  and  appre 
hension.  When  it  was  found  that  even  the  Senate  could 
assent  only  to  a  qualified  or  conditional  ratification,  and 
that  the  Republican  minority  of  that  body  had  deemed 
the  treaty  extremely  defective  and  objectionable,  suspense 
gave  place  to  widespread  popular  agitation.  In  the  course 
of  July,  and  in  rapid  succession,  meetings  were  held  in 
all  the  principal  cities,  apparently  with  the  expectation  of 
inducing  General  Washington  to  withhold  his  final  ap 
proval.  In  BOSTON,  the  instrument  was  declared  to  "  be 
highly  injurious  to  the  commercial  interests  of  the  United  States, 
derogatory  to  their  national  honor  and  independence,  and  dan 
gerous  to  the  peace  and  happiness  of  their  citizens"  In  PORTS 
MOUTH,  New  Hampshire,  the  citizens  desired  "  to  express 
their  most  hearty  disapprobation  thereof,"  because  it  rigor 
ously  enforced  debts  due  to  British  subjects,  but  forgot  the 
claims  of  our  own  citizens;  because  it  involved  "«  direct 
invasion  of  the  rights  of  individual  States;"  because  "  its  regu 
lations  of  trade,  commerce,  and  navigation  must  prove  destructive 
to  those  American  interests;"  because  "the  list  of  articles 
contraband  of  war  was  extended,  to  the  injury  of  France,  Hoi- 


50  LIFE    OF  A.  J,  DALLAS. 

land,  and  Sweden"  and  because  it  was  "  not  conducive  to  the 
interest,  honor,  and  lasting  peace  of  our  country."  In  NEW 
YORK  it  was  pronounced,  with  a  long  detail  of  reasons, 
"injurious  to  the  agriculture,  manufactures,  and  commerce  of 
the  United  States,  derogatory  from  their  national  honor,  and 
dangerous  to  their  welfare,  peace,  and  prosperity.'"  In 
CHARLESTON,  after  a  selection  from  "many  well-founded 
objections,"  it  was  apprehended  "  that  great  evils  would  result 
to  these  States  from  this  treaty."  In  BALTIMORE  "a  disappro 
bation  of  said  treaty"  was  briefly  expressed.  In  TRENTON 
it  was  condemned  as  u  degrading  to  the  national  honor,  dan 
gerous  to  the  public  interest,  and  destructive  of  the  commercial 
and  agricultural  views  of  the  United  States."  In  PHILADEL 
PHIA,  then  our  commercial  and  political,  our  national  and 
State  metropolis,  repugnance  was  stronger,  keener,  and 
more  emphatic  than  elsewhere.  Mr.  Dallas  took  a  leading 
and  effective  part  against  it,  as  well  in  writing  as  in  public 
speaking.  With  zeal  and  labor  he  analyzed  and  explained 
the  whole  subject, — the  omissions,  ambiguities,  latent 
dangers,  and  obvious  errors  of  the  treaty  were  vividly 
depicted,  and  the  practical  operation  of  many  portions 
shown  almost  conclusively  to  jeopard  the  material  inter 
ests  of  the  American  people,  or  to  impair  their  character 
by  striking  covertly  at  their  best  revolutionary  friend  and 
ally.  Embodying  his  views,  at  once  methodically  and 
eloquently,  in  a  paper  of  some  length,  under  the  title  of 
"  FEATURES  OF  JAY'S  TREATY"  (Appendix  No.  2),  they  were 
actively  disseminated,  in  pamphlet  form  and  through  a 
daily  journal.  While,  according  to  the  invariable  practice 
of  the  writer  in  his  deliberated  productions,  the  language 
and  tone  towards  the  persons  implicated  in  manufacturing 
the  treaty  was  respectful  and  measured,  the  argument  for 
its  condemnation  was  pressed  with  a  perspicuity  and  force 
wholly  unanswerabfe.  The  effect  was  immediate  and 
powerful.  A  numerous  assemblage  of  "  citizens  of  Phila 
delphia,  the  Northern  Liberties,  and  the  District  of 
Soutliwark,"  held  in  Independence  Square  on  the  '25th  of 
July,  1795,  adopted  a  memorial  addressed  to  the  President, 
and  confided  it  for  transmission  to  a  committee  composed 
of  the  following  gentlemen,  most  of  whom  were  then  and 
for  many  years  subsequently  eminently  distinguished,  viz.: 
Alexander  J.  Dallas,  Thomas  McKean,  John  Swanwick, 
Charles  Pettit,  John  Hunn,  Moses  Levy,  Abraham  Coats, 


LIFE    OF  A.  J.  DALLAS.  51 

William  Coats,  Stephen  Girard,  John  Barker,  William 
Shippen,  Jr.,  Frederick  A.  Muhlenberg,  Blair  McClena- 
han,  and  Thomas  Lee  Shippen.  As  this  memorial  was 
penned  by  Mr.  Dallas,  and  contained  a  comprehensive 
epitome  of  the  grounds  upon  which  he  and  his  Republican 
associates  were  strenuously  opposing  the  consummation 
of  a  measure  of  executive  policy,  it  may  be  appropriately 
inserted  here  at  length  : 

"  To  George  Washington,  President  of  the  United  States. 

"  The  Memorial  of  the  citizens  of  Philadelphia,  the  Northern 
Liberties,  and  the  District  of  Southwark,  in  the  State  of  Penn 
sylvania,  respectfully  sheweth : 

"  That  your  memorialists,  sincerely  and  affectionately  attached 
to  you,  from  a  sense  of  the  important  services  which  you  have  ren 
dered  to  the  United  States,  and  a  conviction  of  fhe  purity  of  the 
motives  that  will  forever  regulate  your  public  administration,  do, 
on  an  occasion  in  which  they  feel  themselves  deeply  interested, 
address  you  as  a  friend  and  patriot, — as  a  friend  who  will  never 
take  offence  at  what  is  well  intended,  and  as  a  patriot  who  will 
never  reject  what  may  be  converted  to  the  good  of  your  country. 

"  That  your  memorialists  entertain  a  proper  respect  for  your 
constitutional  authority ;  and  whatever  may  be  the  issue  of  the 
present  momentous  question,  they  will  faithfully  acquiesce  in  the 
regular  exercise  of  the  delegated  powers  of  the  government ;  but 
they  trust  that,  in  the  formation  of  a  compact  \vhich  is  to  ope 
rate  upon  them  and  their  posterity,  in  their  most  important  in 
ternal  as  well  as  external  relations,  which,  in  effect,  admits  an 
other  government  to  control  the  legislative  functions  of  the  Union ; 
and  which,  if  found,  upon  experience,  to  be  detrimental,  can  only 
be  repealed  by  soliciting  the  assent,  or  provoking  the  hostilities, 
of  a  foreign  power,  you  will  not  deem  it  improper  or  officious  in 
them  thus  anxiously,  but  respectfully,  to  present  a  solemn  testi 
monial  of  their  public  opinion,  feelings,  and  interest. 

"  That,  under  these  preliminary  acknowledgments  of  the  duty 
and  of  the  design  of  your  memorialists,  the  following  objections 
to  the  ratification  of  the  treaty  lately  concluded  between  Lord 
Grenville  and  Mr.  Jay,  are  submitted,  with  implicit  confidence, 
to  your  consideration : 

"  The  treaty  is  objected  to, 

"  1.  Because  it  does  not  provide  for  a  fair  and  effectual  settle 
ment  of  the  differences  that  previously  subsisted  between  the 
United  States  and  Great  Britain,  inasmuch  as  it  postpones  the 
surrender,  and  affords  no  compensation  for  the  detention,  of  the 
western  posts;  inasmuch  as  it  cedes  without  any  equivalent  an 
indefinite  extent  of  territory  to  the  settlers  under  British  titles, 


52  LIFE    OF  A.  J.  DALLAS. 

within  the  precincts  and  jurisdiction  of  those  posts  ;  inasmuch 
as  it  waves  a  just  claim  for  the  value  of  the  negroes  who  were 
carried  off  at  the  close  of  the  war,  in  violation  of  positive  com 
pact  ;  and  inasmuch  as  it  refers  all  hope  of  indemnity,  for  the 
recent  spoliations  committed  on  the  commerce  of  the  United 
States,  to  an  equivocal,  expensive,  tedious,  and  uncertain  process. 

"2.  Because  by  the  treaty  the  federal  government  accedes  to 
restraints  upon  the  American  commerce  and  navigation,  internal 
as  well  as  external,  that  embrace  no  principle  of  real  reciprocity, 
and  are  inconsistent  with  the  rights  and  destructive  to  the  interests 
of  an  independent  nation,  inasmuch  as  it  unreasonably  fetters 
the  intercourse  with  the  West  Indies,  with  India,  and  with  the 
American  lakes,  by  means  of  navigable  rivers  belonging  to  the 
British  ;  inasmuch  as,  in  many  instances,  it  circumscribes  the 
navigation  of  the  United  States  to  a  particular  voyage ;  and 
inasmuch  as  some  of  our  staple  commodities  (exempted  by  the 
treaties  with  France,  Holland,  Prussia,  and  Sweden)  it  makes 
liable  to  confiscation  as  contraband ;  and  others  (exempted  by 
the  law  of  nations)  it  makes  liable  to  seizure,  upon  payment  of  an 
arbitrary  price,  as  articles  useful  to  the  enemies  of  Great  Britain. 

"  3.  Because  the  treaty  is  destructive  to  the  domestic  inde 
pendence  and  prosperity  of  the  United  States,  inasmuch  as  it 
admits  aliens,  professing  a  foreign  allegiance,  to  the  permanent 
and  transmissible  rights  of  property  peculiarly  belonging  to  a 
citizen,  and  inasmuch  as  it  enables  Great  Britain  to  draw  an 
invidious  and  dangerous  line  of  circumvallation  round  the  terri 
tory  of  the  Union  by  her  fleets  on  the  Atlantic,  and  by  her  set 
tlements  from  Nova  Scotia  to  the  mouth  of  the  Mississippi. 

"  4.  Because  the  treaty  surrenders  certain  inherent  powers  of 
an  independent  government,  which  are  essential  in  the  circum 
stances  of  the  United  States,  to  their  safety  and  defence,  and 
which  might,  on  great  emergencies,  be  successfully  employed  to 
enforce  the  neglected  claims  of  justice,  without  making  the  last 
dreadful  appeal  to  arms,  inasmuch  as  the  right  of  sequestration, 
the  right  of  regulating  commerce,  in  favor  of  a  friendly  and 
against  a  rival  power,  and  the  right  of  suspending  a  commercial 
intercourse  with  an  inimical  nation  are  voluntarily  abandoned. 

"  5.  Because  the  treaty  is  an  infraction  of  the  rights  of  friend 
ship,  gratitude,  and  alliance  which  the  republic  of  France  may 
justly  claim  from  the  United  States,  and  deprives  the  United 
States  of  the  most  powerful  means  to  secure  the  good  will  and 
good  offices  of  other  nations,  inasmuch  as  it  alters,  during  a 
war,  the  relative  situation  of  different  nations,  advantageously  to 
Great  Britain  and  prejudicially  to  the  French  republic ;  inas 
much  as  it  is  in  manifest  collision  with  several  articles  of  the 
American  treaty  with  France;  and  inasmuch  as  it  grants  to 
Great  Britain  certain  high,  dangerous,  and  exclusive  privileges. 


LIFE    OF  A.  J.  DALLAS.  53 

"And  your  memorialists,  having  thus,  upon  general  ground, 
concisely  but  explicitly,  avowed  their  wishes  and  opinions ;  and, 
forbearing  a  minute  specification  of  the  many  other  objections 
that  occur,  conclude  with  an  assurance  that  by  refusing  to  ratify 
the  projected  treaty  jrou  will,  according  to  their  best  information 
and  judgment,  at  once  evince  an  exalted  attachment  to  the  prin 
ciples  of  the  Constitution  of  the  United  States,  and  an  undi- 
minished  zeal  to  advance  the  prosperity  and  happiness  of  your 
constituents.  "\ 

Few  things  are  more  difficult  to  determine  than  the 
positive  merit  of  treaties;  and  certainly  no  one  can  feel 
the  slightest  disposition  to  underrate  Mr.  Jay's.  Agree 
ably  to  his  own  representation,  the  compact,  imperfect 
and  unsatisfactory  as  it  might  be,  was  the  most  favorable 
one  for  his  country  which  the  British  ministry  would 
consent  to  make.  Undoubtedly  learned,  patriotic,  labo 
rious,  and  faithful,  he  was,  nevertheless,  not  suited  to  cope, 
on  such  questions  of  trade  and  international  policy  as  it 
involved,  with  the  practiced  officials  of  London.  A  re 
markable  proof  of  this  was  furnished  by  the  twelfth  ar 
ticle,  the  extraordinary  character  of  which  could  scarcely 
be  palliated  by  the  subsequently  ascertained  fact  that  Mr. 
Jay  was,  unhappily,  wholly  ignorant  of  the  commercial 
importance  then  assuming  by  the  great  southern  staple. 
lie  was  hurried,  too,  in  his  work,  by  the  consciousness 
that  it  wras  wanted  for  cabinet  purposes  at  home.  Nor 
can  it  be  said  that,  tested  by  experiment  and  time,  the 
treaty  either  fulfilled  the  promises  of  those  who  applauded, 
or  verified  the  forebodings  of  those  who  condemned  its 
terms.  It  constituted,  however,  one  of  the  early  battle 
grounds  of  political  party.  [The  principles  upon  which  it 
was  assailed,  and  the  men  wrho  assailed  it,  were  of  the 
Democratic  opposition;  and  those  principles  and  those 
men,  invigorated  by  every  exercise,  and  steadily  ad 
vancing,  as  they  were,  to  the  direction  of  national  affairs, 
are  entitled  to  be  understood.  It  is  especially  wished  that 
Mr.  Dallas  may  be  understood;  and  that  his  just  fame,  in 
connection  with  this  particular  subject,  .may  not  be  im 
paired  by  rash  expressions  even  from  pens  of  imposing 
authority.*  The  "FEATURES  OF  JAY'S  TREATY"  and  the 


*  i(  With  this  course  of  passionate  declamation  were  connected  the  most 
strenuous  and  unremitting  exertions  to  give  increased  energy  to  the  love 


54  LIFE    OF  A.  J.  DALLAS. 

memorial  cited  exhibit  the  platform  on  which  he  took  his 
stand,  and  to  which  he  rallied  "an  immense  party  in  Amer- 
/••'>."  They  cannot  be  read  witli  care  and  candor,  without 
communicating  the  impression  that  their  author  had  per 
fect  mastery  of  his  subject,  and  handled  it  with  consum 
mate  ability. 

It  is  possible  that  the  rapid  spread  and  harmonious 
activity  of  the  Republican  party,  as  attested  in  the  agita 
tions  against  the  treaty,  can  be,  in  some  measure,  ascribed 
to  proceedings  which  were  soon  made  the  objects  of  special 
and  unmeasured  animadversion  by  those  in  power.  Since 
that  period,  similar  proceedings  have  become  so  universal, 
and  are  now  esteemed  such  legitimate  modes  of  incul 
cating  and  uniting  opinions,  that  modern  politicians  can 
scarcely  understand,  much  less  approve,  the  grave  cen 
sure  with  which  they  were  at  first  received.  I  allude  to 
the  voluntary  associations  or  societies  formed  to  diffuse 
favored  doctrines  of  government,  to  secure  co-operation 
against  the  progress  of  errors,  and  to  be  ever  on  the  watch 
to  detect  covert  encroachments  upon  public  liberty  or 
right.  These  agencies  of  popular  sentiment  were  ex 
tremely  odious  to  all  official  functionaries  and  depend 
ents  :  and,  perhaps,  a  prophetic  instinct  as  to  their  ultimate 
tendencies  exaggerated  their  capacity  for  mischief  and 
colored  their  dangers  too  highly.  No  doubt  they  were 
liable  to  abuse,  and  might  be  perverted  into  instruments 
of  disorder;  but  in  this  they  shared  with  the  constituted 
authorities  themselves  the  essential  fallibility  of  every 
human  arrangement. 

We  must  not  forget,  however,  that  the  tales  wafted 
over  the  Atlantic  from  London  and  Paris  were  ill  calcu 
lated  to  recommend  these  political  unions  to  American 
adoption.  British  ministers,  judges,  and  parliamentary 
committees  could  find  no  language  sufficiently  strong  to 


which  was  openly  avowed  for  France,  and  to  the  detestation  not  less  openly 
avowed  for  England. 

"  But  an  immense  party  in  America,  not  in  the  habit  of  considering 
national  compacts,  without  examining  the  circumstances  under  which  that 
with  Britain  had  been  formed,  or  weighing  the  reasons  which  induced  it ; 
without  understanding  the  instrument,  and  in  many  places  without  reading 
it,  rushed  impetuously  to  its  condemnation,  and  seemed  to  expect  that 
public  opinion  would  be  surprised  by  the  suddenness  or  stormed  by  the 
fury  of  the  assault;  and  that  the  Executive  would  be  compelled  to  yield 
to  its  violence.'1' — MarshaWs  Life  of  Washington. 


LIFE    OF  A.  J.  DALLAS.  55 

convey  their  abhorrence  of  "The  London  Corresponding 
Society"  "  The  Society  for  Constitutional  Information^  anil 
u  The  Society  of  the  Friends  of  the  People  ;"  whose  conspicu 
ous  members,  the  Hardys,  the  Muirs,  the  Palmers,  the 
Gerralds,  the  Margarets,  the  Sinclairs,  the  Skirvings,  and 
the  Home  Tookes,  were  undergoing  prosecution  and 
transportation.  At  the  same  time,  the  excesses  into  which 
ran  the  saturnalia  of  the  French  factions,  inflamed  and 
misled  by  Marat,  Danton,  Robespierre,  Collot  D'Herbois, 
and  Billaucl  Varennes,  threw  discredit  as  well  upon  mere 
forms  of  organization  as  upon  the  bold  bad  men  who 
made  them  means  of  insurrection  and  terror. 

.Contented  with  the  liberties,  constitutions,  and  laws  of 
the  country,  no  Republicans  of  the  United  States  could 
entertain  a  desire  beyond  that  of  seeing  them  confided  to 
those  by  whom  they  would  be  administered  in  the  pre 
ferred  spirit  of  democratic  strictness,  simplicity,  and 
economy.  Instead  of  wishing,  they  deprecated,  change; 
for  the  change  they  most  feaied  was  that  retrograde  one 
into  which  the  supposed  monarchical  theories  and  habits 
of  certain  eminent  statesmen  might  gradually  glide. 
What,  therefore,  in  Europe  was  represented  as  subversive 
could  here  be  in  reality  only  progressive  and  conservative. 
The  great  jeopardy  of  the  newly-established  freedom  is 
to  be  found,  as  very  recent,  like  former  events,  on  the 
eastern  continent,  have  shown,  in  the  reactionary  inclina 
tions  for  the  abolished  system.  It  is  unnecessary,  and 
would  be  painful,  to  speculate  upon  the  consequences  that 
might  have  ensued,  had  any  of  the  precautionary  and 
honorable  steps  been  omitted  which  peacefully  and  per 
suasively  paved  the  way  for  the  election  of  Mr.  Jefferson 
in  1801. 

At  least,  such  were  the  views  that  swayed  the  enlight 
ened  and  patriotic  citizens  by  whom  the  principles,  arti 
cles,  and  regulations  of  "The  Democratic  Society  of  Penn 
sylvania"  were  adopted  and  publicly  proclaimed  on  the 
4th  of  July,  1793.  Among  these  gentlemen,  Mr.  Dallas 
was  undoubtedly  foremost.  His  associates  were  eminent 
for  their  attainments,  their  public  spirit,  and  their  irre 
proachable  standing.  The  astronomer,  David  Ritten- 
house,  was  President ;  and  Mr.  Dallas  headed  the  com 
mittee,  on  whose  abilities  and  labors  devolved  the  task 
of  achieving  the  objects  of  the  association.  The  consti- 


56  LIFE    OF  A.  J.  DALLAS. 

tution,  first  circular,  and  other  explanatory  papers,  were 
drafted  by  him;  and  he  energetically  opened  and  perse- 
veringly  maintained  a  correspondence  coextensive  with 
the  Union  and  everywhere  salutary  and  effective. 

As  the  establishment  of  this  the  leading  society  has,  as 
I  have  said,  been  authoritatively  censured,  it  may  not  be 
amiss  to  seek  a  just  appreciation  of  its  impulse  and  de 
signs  in  the  original  documents  that  frankly  and  distinctly 
developed  them. 

The  following  is  extracted  from  the  statement  prelimi 
nary  to  the  principles,  articles,  and  regulations: 

"  At  this  propitious  period,  when  the  nature  of  Freedom  and 
Equality  is  practically  displayed,  and  when  their  value  (best  un 
derstood  by  those  who  have  paid  the  price  of  acquiring  them)  is 
universally  acknowledged,  the  patriotic  mind  will  naturally  be 
solicitous,  by  every  proper  precaution,  to  preserve  and  perpetuate 
the  blessings  which  Providence  hath  bestowed  upon  our  country; 
for,  in  reviewing  the  history  of  nations,  we  find  occasion  to  lament 
that  the  vigilance  of  the  people  has  been  too  easily  absorbed  in 
victory,  and  that  the  prize  which  has  been  achieved  by  the  wisdom 
and  valor  of  one  generation,  has  often  been  lost  by  the  ignorance 
and  supineness  of  another." 

The  following  are  enumerated  as  "  the  fundamental 
principles  of  the  association:" 

I. 

"  That  the  people  have  the  inherent  and  exclusive  right  and 
power  of  making  and  altering  forms  of  government;  and  that  for 
regulating  and  protecting  our  social  interests  a  REPUBLICAN 
GOVERNMENT  is  the  most  natural  and  beneficial  form  which  the 
wisdom,  of  man  has  devised. 

II. 

"  That  the  republican  Constitutions  of  the  United  States  and 
of  the  State  of  Pennsylvania,  being  framed  and  established  by 
the  people,  it  is  our  duty  as  good  citizens  to  support  them.  And 
in  order  effectually  to  do  so,  it  is  likewise  the  duty  of  every  free 
man  to  regard  with  attention  and  to  discuss  without  fear  the  con 
duct  of  the  public  servants  in  every  department  of  government. 

III. 

"  That  in  considering  the  administration  of  public  affairs,  men 
and  measures  should  be  estimated  according  to  their  intrinsic 
merits ;  and,  therefore,  regardless  of  party  spirit  or  political  con- 


LIFE    OF  A.  J.  DALLAS.  57 

nection,  it  is  the  duty  of  every  citizen,  by  making  the  general 
welfare  the  rule  of  his  conduct,  to  aid  and  approve  those  measures 
which  have  an  influence  in  promoting  the  prosperity  of  the  Com 
monwealth. 

IT. 

"  That  in  the  choice  of  persons  to  fill  the  offices  of  government, 
it  is  essential  to  the  existence  of  a  free  republic  that  every  citizen 
should  act  according  to  his  own  judgment,  and  therefore  any  at 
tempt  to  corrupt  or  delude  the  people  in  exercising  the  rights  of 
suffrage,  either  by  promising  the  favor  of  one  candidate,  or 
traducing  the  character  of  another,  is  an  offence  equally  injurious 
to  moral  rectitude  and  civil  liberty. 


''That  the  people  of  Pennsylvania  form  but  one  indivisible 
community,  whose  political  rights  and  interests,  whose  national 
honor  and  prosperity,  must,  in  degree  and  duration,  be  forever 
the  same ;  and,  therefore,  it  is  the  duty  of  every  freeman,  and 
shall  be  the  endeavor  of  the  Democratic  Society,  to  remove  the 
prejudices,  to  conciliate  the  affections,  to  enlighten  the  under 
standing,  and  to  promote  the  happiness  of  all  our  fellow-citizens." 

The  Circular. 

"  FELLOW-CITIZEN, — We  have  the  pleasure  to  communicate  to 
you  a  copy  of  the  constitution  of  'The  Democratic  Society,'  in 
hopes  that  after  a  candid  consideration  of  its  principles  and  objects, 
you  may  be  induced  to  promote  its  adoption  in  the  county  of 
which  you  are  an  inhabitant. 

"Every  mind  capable  of  reflection  must  perceive  that  the 
present  crisis  in  the  politics  of  nations  is  peculiarly  interesting  to 
America.  The  European  confederacy,  transcendent  in  power 
and  unparalleled  in  iniquity,  menaces  the  very  existence  of  free 
dom.  Already  its  baneful  operation  may  be  traced  in  the  tyran 
nical  destruction  of  the  constitution,  and  the  rapacious  partition 
of  the  territory  of  Poland ;  and  should  the  glorious  efforts  of 
France  be  eventually  defeated,  we  have  reason  to  presume  that, 
for  the  consummation  of  monarchical  ambition  and  the  security 
of  its  establishments,  this  country,  the  only  remaining  depository 
of  liberty,  will  not  long  be  permitted  to  enjoy  in  peace  the  honors 
of  an  independent  and  the  happiness  of  a  republican  government. 

"  Nor  are  the  dangers  from  foreign  sources  the  only  causes  at 
this  time  of  apprehension  and  solicitude.  The  seeds  of  luxury 
appear  to  have  taken  root  in  our  domestic  soil ;  and  the  jealous 
eye  of  patriotism  already  regards  the  spirit  of  freedom  and  equality 
as  eclipsed  by  the  pride  of  wealth  and  the  arrogance  of  power. 

"This  general  view  of  our  situation  has  led  to  the  institution 

5 


58  LIFE    OF  A.  J.  DALLAS. 

of  '  The  Democratic  Society.'  A  constant  circulation  of  useful  in 
formation,  and  a  liberal  communication  of  republican  sentiments, 
were  thought  to  be  the  best  antidotes  to  any  political  poison  with 
which  the  vital  principles  of  civil  liberty  might  be  attacked.  For, 
by  such  means,  a  fraternal  confidence  will  be  established  among 
the  citizens,  every  symptom  of  innovation  will  be  studiously 
marked,  and  a  standard  will  be  created  to  which,  in  danger  and 
distress,  the  friends  of  liberty  may  successfully  resort. 

"  To  obtain  these  objects,  then,  and  to  cultivate  on  all  occasions 
the  love  of  peace,  order,  and  harmony,  an  attachment  to  the  con 
stitutions  and  a  respect  to  the  laws  of  our  country,  will  be  the  aim 
of  '  The  Democratic  Society.'  Party  and  personal  considerations 
are  excluded  from  a  system  of  this  nature ;  for,  in  the  language 
of  the  articles  under  which  we  are  united,  men  and  measures  will 
only  be  estimated  according  to  their  intrinsic  merits  and  their  in 
fluence  in  promoting  the  prosperity  of  the  State. 

"  From  you,  fellow-citizen,  we  hope  to  derive  essential  aid  in 
extending  the  society  and  maintaining  its  genuine  principles. 
We  request,  therefore,  an  early  attention  to  the  subject,  and 
solicit  a  constant  correspondence." 

The  current  occupations  of  a  practising  lawyer  are 
scarcely  to  be  esteemed  worthy,  under  any  circumstances 
or  for  any  object,  of  patient  analysis  or  consideration. 
They  are  toils  applied  to  the  shifting  and  fading  vicissi 
tudes  of  life  and  the  emergencies  of  business,  very  limited 
in  their  influence,  really  interesting  to  those  only  who  are 
parties  to  them,  and  passing  so  rapidly  and  numerously 
as  to  fix  no  attention.  On  the  surface  of  this  general 
stream,  however,  there  may  sometimes  be  discerned,  by 
careful  discrimination,  buoys  or  beacons  which  mark  the 
anchorage  of  some  great  principle  or  some  historical  in 
cident.  The  professional  position  of  Mr.  Dallas  attracted 
to  him,  during  a  series  of  years,  beside  the  ordinary 
causes  of  litigation,  a  number,  both  civil  and  criminal, 
having  their  origin  in  public  measures  and  feeling,  and 
connected  more  or  less  intimately  with  the  constitution 
and  government  of  the  country.  Some  of  these  last 
demand  notice.  As  he  never  became  a  member  of  the 
legislature,  either  State  or  federal,  and  very  seldom  par 
took  in  popular  meetings,  these  controversies  of  mind  and 
opinion  may  furnish  important  though  certainly  not  the 
only  means  of  accurately  appreciating  the  originality, 
powers,  resources,  and  integrity  of  his  intellect.  Perhaps 
we  shall  find,  on  recurring  to  the  most  conspicuous  among 


LIFE    OF  A.  J.  DALLAS.  59 

them,  that,  notwithstanding  the  continued  torrent  of  de 
traction  he  breasted  while  living,  but  could  not  silence 
when  in  his  grave,  his  devotion  to  equal  rights  and  well- 
ordered  liberty  shone  forth  in  the  construction  of  every 
law ;  that  his  sympathies  were  invariably  enlisted  and 
fearlessly  expressed  against  oppression  or  usurpation ; 
that  having  carefully  \vatched  the  progress  of  the  conven 
tion  of  1787,  he  profoundly  reverenced  as  he  thoroughly 
comprehended  the  Union  it  prescribed,  and  that  he 
brought  to  the  aid  of  what  may  be  called  his  uniform 
forensic  democracy,  extensive  learning,  quick  ingenuity, 
vigorous  reasoning,  and  a  rhetoric  which,  disdaining  to 
be  figurative,  was  alike  polished  and  perspicuous. 

I.  It  was  by  a  simple  but  sound  reference  to  the  true 
characteristics  of  the  constitution  that,  on  the  trial  of 
Robert  Worrall,  in  1798,  for  an  attempt  to  bribe  a  commis 
sioner  of  the  revenue,  he  led  or  confirmed  Judge  Chase 
in  the  authoritative  and  important  declaration  that  the 
United  States,  as  a  federal  government,  have  no  common 
law,  and  that  consequently  no  indictment  can  be  main 
tained  in  their  courts  for  offences  merely  at  the  common 
law.  His  course  of  argument  was  briefly  as  follows : 

"  All  the  judicial  authority  of  the  federal  courts  must  be  de 
rived  either  from  the  Constitution  of  the  United  States  or  from 
the  acts  of  Congress  made  in  pursuance  of  it.  To  maintain  the 
jurisdiction  of  the  court  it  was  therefore  necessary  to  show  that 
an  offer  to  bribe  a  commissioner  of  the  revenue  is  a  violation  of 
some  constitutional  or  legislative  provision.  The  constitution 
contains  express  provisions  in  certain  cases,  designated  by  defini 
tions  of  the  crimes,  by  a  reference  to  the  characters  of  the  parties 
offending,  or  by  the  exclusive  jurisdiction  of  the  place  where  the 
offences  were  perpetrated  ;  but  the  crime  of  attempting  to  bribe, 
the  character  of  a  federal  officer,  and  the  place  wherein  the  present 
offence  was  committed,  do  not  form  any  part  of  the  constitutional 
express  provisions  for  the  exercise  of  judicial  authority  in  the 
courts  of  the  Union.  The  judicial  power,  however,  extends  not 
only  to  all  cases  in  law  and  equity  arising  under  the  constitution, 
but  likewise  to  all  such  as  shall  arise  under  the  laws  of  the 
United  States;  and  besides  the  authority  specially  vested  in 
Congress  to  pass  laws  for  enumerated  purposes,  there  is  a  gen 
eral  authority  given  to  make  all  laws  which  shall  be  necessary 
and  proper  for  carrying  into  execution  all  the  powers  vested  by 
the  constitution  in  the  government  of  the  United  States  or  in 
any  department  or  office  thereof.  Whenever  Congress  think  a 


60  LIFE    OF  A.  J.  ^  DALLAS. 

provision  necessary  to  effectuate  a  constitutional  power  of  the 
government,  they  may  establish  that  provision  by  law ;  and 
whenever  it  is  so  established  a  violation  of  its  sanctions  will 
come  within  the  jurisdiction  of  this  court,  which,  by  the  eleventh 
section  of  the  judicial  act,  has  'exclusive  cognizance  of  all  crimes 
and  offences  cognizable  under  the  authority  of  the  United  States.' 
But  in  the  case  of  the  commissioner  of  the  revenue  the  act 
constituting  the  office  does  not  create  or  declare  the  offence ;  it 
is  not  recognized  in  the  act  under  which  proposals  for  building 
the  lighthouse  were  invited,  and  there  is  no  other  act  that  has 
the  slightest  relation  to  the  subject. 

"  Can  the  offence,  then,  be  said  to  arise  under  the  constitution 
or  the  laws  of  the  United  States  ?  and  if  not,  what  is  there  to 
render  it  cognizable  under  the  authority  of  the  United  States? 
A  case  arising  under  a  law  must  mean  a  case  depending  on  the 
exposition  of  a  law,  in  respect  to  something  which  the  law  pro 
hibits  or  enjoins.  There  is  no  characteristic  of  that  kind  in  the 
present  instance.  But  it  may  be  suggested  that,  the  office  being 
established  by  a  law  of  the  United  States,  it  is  an  incident  natu 
rally  attached  to  the  authority  of  the  United  States  to  guard  the 
officer  against  the  approaches  of  corruption  in  the  execution  of 
his  public  trust.  It  is  true  that  the  person  who  accepts  an  office 
may  be  supposed  to  enter  into  a  compact  to  be  answerable  to 
the  government  which  he  serves  for  any  violation  of  his  duty, 
and  having  taken  the  oath  of  office,  he  would  unquestionably  be 
liable,  in  such  case,  to  a  prosecution  for  perjury  in  the  federal 
courts.  But  because  one  man,  by  his  own  act,  renders  himself 
amenable  to  a  particular  jurisdiction,  shall  another  man,  who  has 
not  incurred  a  similar  obligation,  be  implicated?  If,  in  other 
words,  it  is  sufficient  to  vest  a  jurisdiction  in  this  court  that  a 
federal  officer  is  concerned  ;  if  it  is  a  sufficient  proof  of  a  case 
arising  under  a  law  of  the  United  States  to  affect  other  persons 
that  such  officer  is  bound  by  law  to  discharge  the  duty  with 
fidelity,  a  source  of  jurisdiction  is  opened  which  must  inevitably 
overflow  and  destroy  all  the  barriers  between  the  judicial  author 
ities  of  the  State  and  the  general  government.  Anything  which 
can  prevent  a  federal  officer  from  the  punctual  as  well  as  from  an 
impartial  performance  of  his  duty — an  assault  and  battery  or  the 
recovery  of  a  debt,  as  well  as  the  offer  of  a  bribe — may  be  made 
the  foundation  of  the  jurisdiction  of  this  court;  and,  considering 
the  constant  disposition  of  power  to  extend  the  sphere  of  its 
influence,  fictions  will  be  resorted  to  when  real  cases  cease  to 
occur.  A  mere  fiction  that  the  defendant  is  in  the  custody  of  the 
marshal  has  rendered  the  jurisdiction  of  the  king's  bench  uni 
versal  in  all  personal  actions.  Another  fiction,  which  states  the 
plaintiff  to  be  a  debtor  of  the  crown,  gives  cognizance  of  all  kinds 
of  personal  suits  to  the  exchequer ;  and  the  mere  profession  of 


LIFE    OF  A.  J.  DALLAS.  61 

an  attorney  attaches  the  privilege  of  suing  and  being  sued  in  his 
own  court.  If,  therefore,  the  disposition  to  amplify  the  jurisdic 
tion  of  the  circuit  court  exists,  precedents  of  the  means  to  do  so 
are  not  wanting,  and  it  may  hereafter  be  sufficient  to  suggest 
that  the  party  is  a  federal  officer  in  order  to  enable  this  court 
to  try  every  species  of  crime  and  to  sustain  every  description  of 
action. 

"  But  another  ground  may,  perhaps,  be  taken  to  vindicate  the 
present  claim  of  jurisdiction :  it  may  be  urged  that,  though  the 
offence  is  not  specified  in  the  constitution  nor  denned  in  any  act 
of  Congress,  yet  that  it  is  an  offence  at  common  law,  and  that 
the  common  law  is  the  law  of  the  United  States  in  cases  that 
arise  under  their  authority.  The  nature  of  our  federal  compact 
will  not,  however,  tolerate  this  doctrine.  The  twelfth  article  of 
the  amendments  stipulates  that  the  powers  not  delegated  to  the 
United  States  by  the  constitution,  nor  prohibited  by  it  to  the 
States,  are  reserved  to  the  States  respectively  or  to  the  people. 
In  relation  to  crimes  and  misdemeanors,  the  objects  of  the  dele 
gated  power  of  the  United  States  are  enumerated  and  fixed. 
Congress  may  provide  for  the  punishment  of  counterfeiting  the 
securities  and  current  coin  of  the  United  States,  and  may  define 
and  punish  piracies  and  felonies  committed  on  the  high  seas,  and 
offences  against  the  law  of  nations :  and  so  likewise  Congress 
may  make  all  laws  which  shall  be  necessary  and  proper  for  car 
rying  into  execution  the  powers  of  the  general  government.  But 
here  is  no  reference  to  a  common  law  authority, — every  power  is 
matter  of  definite  and  positive  grant,  and  the  very  powers  that 
are  granted  cannot  take  effect  until  they  are  exercised  through 
the  medium  of  a  law.  Congress  had  undoubtedly  a  power  to 
make  a  law  which  would  render  it  criminal  to  offer  a  bribe  to 
the  commissioner  of  the  revenue  ;  but,  not  having  made  the  law, 
the  crime  is  not  recognized  by  the  federal  code,  constitutional  or 
legal,  and  consequently  is  not  a  subject  on  which  the  judicial 
authority  of  the  Union  can  operate." 

It  is  impossible  not  to  observe  with  what  cogency  and 
clearness  this  short  argument  of  the  professional  advocate 
sustains  the  cardinal  principle  of  constitutional  construc 
tion  on  which  the  political  party  of  his  preference  had 
taken  its  stand.  No  latitude,  and  hardly  liberality,  of 
interpretation.  "  The  constitution  is  a  federal  compact:" 
"every  power  is  matter  of  definite  and  positive  grant:"  "the 
objects  of  the  delegaied  power  of  the  United  States  are  enumer 
ated  and  fixed:"  and  though  Congress  may  make  all  laws 
necessary  and  proper  for  carrying  into  execution  the 
powers  of  the  general  government,  and  so  might,  by  adop- 


62  LIFE    OF  A.  J.  DALLAS. 

tion,  bit  by  bit,  legislate  the  common  law  into  the  federal 
code,  yet,  until  that  be  done,  it  could  not  be  appealed  to 
in  maintenance  of  the  jurisdiction  of  the  federal  courts. 
That  this  reasoning  met  persevering  opposition  which  has 
now  become  nearly  obsolete ;  that  its  truth  and  weight 
have  long  since  given  it  an  impregnable  lodgment  in  the 
American  mind,  under  the  force  of  amplifications  in  every 
sphere  of  discussion,  are  unquestionable  facts:  yet  it 
should  be  recollected  that  at  the  date  of  Worrall's  trial 
it  was  comparatively  fresh,  the  distinctive  feature  of  a 
political  organization  in  a  minority,  and  in  direct  conflict 
with  the  theories  and  inculcations  of  those  who  made  and 
administered  the  laws. 

II.  The  impeachment  of  William  Blount,  a  senator  of 
the  United  States  from  Tennessee,  resolved  upon  by  the 
House  of  Representatives  in  the  summer  of  1797,  gave 
rise  to  proceedings  of  equal  novelty  and  interest.  The 
crimes  and  misdemeanors  imputed  to  the  accused  were 
substantially  a  conspiracy  to  wrest  Louisiana  and  Florida 
from  Spain,  then  at  war  with  England,  in  violation  of  our 
treaty  obligations ;  and  acts  of  bribery  or  intimidation 
connected  with  our  Indian  agents,  in  order  to  excite  the 
Cherokees  and  Creeks  to  hostilities  against  the  neighbor 
ing  subjects  of  the  Spanish  crown. 

The  members  of  the  House  of  Representatives  charged 
with  the  management  of  this  impeachment  were  distin 
guished  for  parliamentary  and  professional  ability.  Among 
them  the  three  most  prominent  were  Samuel  Sitgreaves, 
of  Pennsylvania,  Robert  Goodloe  Harper,  of  Maryland, 
and  James  A.  Bayard,  of  Delaware.  The  first-named 
gentleman  is  believed  to  have  drafted  the  articles.  The 
counsel  of  William  Blount  were  Mr.  Dallas  and  Mr.  Jared 
Ingersoll,  of  the  bar  of  Philadelphia.  Necessarily,  the 
sphere  of  action  was  the  most  august  of  American  judi 
catures,  the  Senate  of  the  United  States.  On  the  24th 
of  December,  1798,  that  tribunal,  through  the  lips  of  its 
presiding  officer,  Thomas  Jefferson,  the  Vice-President, 
permitted  a  plea  to  be  filed  on  behalf  of  the  defendant :  and 
the  matter  alleged  in  that  plea  proved  fatal  to  the  prose 
cution. 

The  substantial  averments  of  the  plea  were,  j£rs£,  that 
William  Blount  was  not  then  a  senator  (he  had  been  ex 
pelled  the  body  by  resolution  on  the  8th  of  July,  1797); 


LIFE    OF  A.  J.  DALLAS.  63 

and  second,  that  although  he  was  a  senator  at  the  periods 
referred  to  in  the  articles  of  impeachment,  he  was  not  a 
civil  officer  of  the  United  States;  that  he  was  not  charged 
with  any  crime  or  misdemeanor,  or  any  malconduct,  or 
any  abuse  of  public  trust,  in  the  execution  of  any  civil  office  ; 
and  that  by  the  constitution,  no  persons  but  the  President, 
Vice-President,  and  civil  officers  of  the  United  States  are 
liable  to  impeachment. 

Let  it  not  be  supposed  that  any  one  could  be  insensible 
to  the  fruitful  ingenuity  and  close  logic  with  which  the 
managers  encountered  this  plea,  nor  unmindful  of  the 
impressive  and  copious  learning  of  Mr.  Ingersoll ;  but 
our  specially  assigned  purpose,  the  illustration  of  the 
course  of  Mr.  Dallas,  forbids  expansive  deviation.  In 
repelling  the  arguments  with  which  the  plea  was  assailed 
by  Mr.  Bayard,  he  took  three  general  positions  under 
which  to  arrange  his  remarks,  and  maintained  them  with 
a  power  altogether  conclusive.  Again  he  was  obliged  to 
resist,  at  the  outset,  an  impetuous  effort  to  establish  the 
English  common  law  as  the  source  whence  to  deduce,  in 
the  administration  of  federal  jurisprudence,  the  rule  of 
right. 

"  As  the  honorable  manager  had  contended  that  the  constitu 
tional  grant  of  a  power  to  institute  and  to  try  impeachments 
extends,  ex  vi  termini,  to  every  description  of  offender,  and  to 
every  degree  of  offence,  a  just  respect  for  the  high  authority 
which  he  represents,  as  well  as  for  the  talents  he  has  displayed, 
compels  the  defendant's  counsel  to  follow  him  into  the  wide  field 
of  controversy  that  he  has  unexpectedly  chosen.  A  claim  of  juris 
diction  so  unlimited,  embracing  every  object  of  the  penal  code, 
annihilating  all  discriminations  between  civil  and  military  cases, 
and  overthrowing  the  boundaries  of  federal  and  State  authority, 
ought  surely  to  have  been  supported  by  an  express  and  unequivo 
cal  delegation:  but,  behold,  it  rests  entirely  on  an  arbitrary  im 
plication  from  the  use  of  a  single  word;  and  while  the  stream 
is  thus  copious,  thus  inundating,  the  source  is  enveloped  (like 
the  sources  of  the  Nile)  in  mystery  and  doubt.  The  constitution 
declares  that  'the  House  of  Representatives  shall  have  the  sole 
power  of  impeachment^  and  that  '  the  Senate  shall  have  the  sole 
power  to  try  all  impeachments:'  hence  it  has  been  urged  that 
as  there  is  no  description  of  the  offenders  or  the  offences  in  the 
constitution  itself,  where  the  power  is  vested,  every  offender  arid 
every  offence,  impeachable  according  to  the  common  law  of  Eng 
land,  must  be  deemed  impeachable  here  ;  and  it  is  alleged,  that 


64  LIFE    OF  A.  J.  DALLAS. 

the  common-law  power  of  impeachment  extends  to  every  crime 
or  misdemeanor  that  can  be  committed  by  any  subject,  in  or  out 
of  office.  Such  a  doctrine  is  contrary  to  the  principles  of  our 
federal- compact ;  is  contrary  to  the  general  policy  of  the  law  of 
impeachments  ;  and  is  contrary  to  a  fair  construction  of  the  very 
terms  of  the  constitution." 

And  Mr.  Dallas  proceeded  under  these  three  subdi 
visions  into  extended  argument. 

That  it  was  contrary  to  the  principles  of  the  federal  compact, 
he  deduced  from  the  design  with  which  the  government 
of  the  United  States  was  established. 

"Although  it  is  in  some  of  its  features  federal,  in  others  it  is 
consolidated ;  in  some  of  its  operations  it  affects  the  people  as 
individuals ;  in  others,  it  applies  to  them  in  the  aggregate  as 
States :  yet,  in  every  view,  all  the  powers  and  attributes  of  the 
national  government  are  matter  of  express  and  positive  grant 
and  transfer:  whatever  is  not  expressly  granted  and  transferred 
must  be  deemed  to  remain  with  the  people,  or  with  the  respective 
States  ;  and  as  the  motive  for  establishing  the  federal  constitution 
arose  from  the  want  of  a  competent  national  authority  in  cases 
in  which  it  was  essential  for  the  people  inhabiting  the  different 
States  to  act  as  a  nation,  so  far  the  people  gave  power  to  the 
federal  government :  but  the  delegation  of  that  power  is  evidently 
limited  by  the  reason  which  produced  it.  Thus,  in  the  creation 
of  a  national  judiciary,  we  find  that  in  criminal  as  well  as  in 
civil  cases,  no  authority  is  vested  in  the  courts  but  upon  the 
appropriate  subjects  of  national  jurisprudence.  Crimes  and  mis 
demeanors,  which  have  no  connection  with  national  objects,  are 
left  to  be  prosecuted  and  punished  under  the  laws  of  the  State 
in  which  they  are  committed.  And  yet  it  is  asserted  that  for 
any  crime  or  misdemeanor  which  could  only  be  thus  the  object 
of  State  jurisdiction,  which  could  not  be  tried  upon  an  indictment 
in  any  federal  court,  a  State  officer  or  a  private  citizen  may  be 
impeached  before  the  Senate  of  the  United  States !  The  mere 
investment  of  a  power  to  impeach  and  to  try  impeachments  is 
considered  as  an  instrument  destined  to  carry  the  government 
beyond  its  natural  sphere,  and  to  give  to  the  censorship  of  the 
Senate  a  scope  and  efficacy  of  which  the  general  judicial  authority 
of  the  Union  does  not  partake." 

The  manager  having  referred  to  the  English  common 
law  for  an  exposition  of  the  import  and  operation  of  the 
power  of  impeachment,  Mr.  Dallas  contended  that 

"  The  United  States,  as  a  federal  government,  had  no  common 
law  in  relation  to  crimes  and  punishments.  The  crimes  punish- 


LIFE    OF  A.  J.  DALLAS.  65 

able  under  the  authority  of  the  United  States  can  only  be  such 
as  the  constitution  defines  or  acts  of  Congress  shall  create,  in 
order  to  effectuate  the  general  powers  of  the  government.  How 
did  the  government  of  the  United  States  acquire  a  common-law 
jurisdiction  in  the  case  of  crimes,  and  by  what  standard  is  the 
jurisdiction  to  be  regulated  ?  When  the  colonies  of  America 
were  first  settled,  each  colony  brought  with  it  as  much  of  the 
common  law  as  was  applicable  to  its  circumstances  and  it  chose 
to  adopt ;  but  no  colony  adopted  all  the  common  law  of  England, 
and  there  was  a  great  diversity,  owing  to  local  and  other  circum 
stances,  in  the  objects  and  extent  of  the  common  law  which  the 
different  colonies  adopted.  The  common  law  is,  therefore,  the 
law  of  each  State  so  far  as  each  State  has  chosen  to  adopt  it; 
but  the  United  States  did  not  bring  the  common  law  with  them. 
There  are  no  express  words  of  adoption  in  the  constitution;  and 
if  a  common  law  is  to  be  assumed  by  implication,  is  it  to  be  the 
common  law  of  the  individual  States,  and  of  which  State  ?-  or 
is  it  to  be  the  common  law  of  England,  and  at  what  period  ? 
Are  we  to  take  it  from  the  dark  and  barbarous  pages  of  the 
common  law,  with  all  the  feudal  rigor  and  appendages  ?  or  is  it 
to  be  taken  as  it  has  been  ameliorated  by  the  refinements  of 
modern  legislation  ?  Would  it  not  be  absurd  to  refer  us  to  the 
ancient  common  law  of  England  ?  And,  if  we  are  referred  to 
its  improved  state,  do  we  not  rather  adopt  the  statutes  than  the 
common  law  of  that  country?  And  is  the  common  law  to 
fluctuate  forever  here  as  it  may  fluctuate  there  ?" 

Continuing  his  line  of  argument,  Mr.  Dallas  urged 
that  the  doctrine  of  the  managers  was  also  inconsistent 
with  the  general  policy  of  impeachments,  and  with  a  fair 
construction  of  the  terms  of  the  constitution. 

"  To  suppose  that  these  terms  include  a  jurisdiction  over  all 
persons,  for  all  offences,  is  to  annihilate  the  trial  by  jury  where  a 
punishment  more  severe  than  death,  to  an  honorable  mind,  may 
be  inflicted  ;  it  is  to  overthrow  all  the  barriers  of  criminal  juris 
prudence  ;  for  every  petty  rogue  may  be  tried  by  impeachment 
before  this  high  court  for  every  offence  within  the  indefinite 
classification  of  a  misdemeanor." 

The  chief  point  of  his  subsequent  reasoning  went  to 
prove  that  a  senator  was  not  embraced  by  the  constitu 
tional  phrase  "  civil  officer;"  that  the  verbal  criticism  which 
drew  a  distinction  between  civil  officers  of  and  civil 
officers  under  the  United  States  was  unfounded ;  and  that 
no  man  is  an  officer  of  the  United  States,  in  the  sense  of 
those  clauses  of  the  constitution  which  vest  the  power  of 


66  LIFE    OF  A.  J.  DALLAS. 

impeachment,  unless  be  has  been  appointed  and  commis 
sioned  by  the  President. 

"  The  President  and  Yice-President  have  their  commissions 
from  the  constitution  itself;  and  the  Speaker  of  the  House  of 
Representatives  is  emphatically  an  officer  of  the  House — not  of 
the  United  States.  As  the  President  does  not  commission  him 
self  and  the  Vice-President,  and  as  it  was  intended  to  affect  them 
by  the  impeachment  power,  therefore  they  are  expressly  named. 
The  President  does  not  commission  senators  and  representatives, 
but  it  was  not  intended  to  affect  them  by  the  impeachment 
power;  therefore  they  are  not  named." 

Legislation  is  a  trust,  not  an  office.  This  distinction  is 
not  a  novelty ;  it  is  drawn  in  the  articles  of  confedera 
tion,  in  the  federal  constitution,  in  many  of  the  State 
constitutions,  and  in  acts  of  Congress.  But,  independent 
of  all  precedent  and  authority,  this  distinction  is  founded 
upon  the  very  nature  of  a  free  government. 

"  The  legislature  is,  in  theory,  the  people  ;  they  do  not  them 
selves  assemble,  but  they  depute  a  few  to  act  for  them  ;  and  the 
laws  which  are  thus  made  are  the  expressions  of  the  will  of  the 
people.  Over  their  representatives  the  people  have  a  complete 
control,  and  if  one  set  transgress  they  can  appoint  another  set, 
who  can  rescind  and  annul  all  previous  bad  laws.  But  the 
power  of  the  people  is  only  to  make  the  laws  ;  they  have  nothing 
to  do  with  executing  them  ;  they  have  nothing  to  do  with  ex 
pounding  them;  and  hence  arises  the  diversity  in  the  modes 
of  remedying  any  grievance  which  they  may  suffer  from  the 
conduct  of  their  representatives  or  agents.  If  a  legislator  acts 
wrong,  he  may  be  expelled  before  the  term  for  which  he  was 
chosen  has  expired  ;  he  may  be  rejected  at  the  next  periodical 
election  ;  and  the  laws  which  he  has  sanctioned  may  be  repealed 
by  a  new  representation.  But  if  an  executive  or  judicial  magis 
trate  acts  wrong,  the  people  have  no  immediate  power  to  correct, — 
prosecution  and  impeachment  are  the  only  remedies  for  the  evil. 
Then  it  is  manifest  that,  by  the  power  of  impeachment,  the  people 
did  not  mean  to  guard  against  themselves,  but  against  their  agents ; 
they  did  not  mean  to  exclude  themselves  from  the  right  of  reap- 
pointing  or  pardoning,  but  to  restrain  the  executive  magistrate 
from  doing  either  with  respect  to  officers  whose  offices  were  held 
independent  of  popular  choice.  The  subject  is  made  more  plain 
by  two  considerations:  first,  that,  although  either  house  may 
expel  a  member,  they  cannot  (on  the  principles  of  the  constitu 
tion,  without  any  express  prohibition)  expel  him  twice  for  the 
same  cause ;  second,  that  the  President  is  not  empowered  to  par- 


LIFE    OF  A.  J.  DALLAS.  67 

don  in  cases  of  impeachment.  In  the  case  of  expulsion,  the  mem 
ber  is  sent  to  the  people  ;  but  if  they  choose  to  return  him  again 
he  has  a  perfect  right  to  his  seat.  In  the  case  of  an  impeach 
ment,  the  delinquent  officer  is  dismissed  ;  on  the  general  power 
of  the  executive,  he  might  be  reappointed ;  but.  to  guard  against 
the  abuse  of  that  power,  the  constitution  superadds  a  sentence 
of  perpetual  disqualification." 

There  can  be  no  certainty  in  ascribing  to  any  given 
causes  or  reasons  the  conclusion  reached  by  tbe  Senate  on 
this  memorable  occasion.  Tbe  course,  however,  of  the 
debate  in  that  body  after  the  professional  discussion  had 
closed,  would  seem  to  indicate  that,  in  tbe  convictions  of 
the  majority,  a  senator  was  not  an  officer  of  the  United 
States,  in  the  constitutional  sense,  liable  to  impeachment, 
and  that,  at  all  events,  after  having  been  expelled,  no  such 
proceeding  could  be  entertained  against  him  for  crimes 
and  misdemeanors  alleged  to  have  been  committed  while 
he  was  a  senator.  The  court  deliberated  during  a  period 
of  live  days.  Two  affirmative  propositions,  in  tbe  form 
of  a  resolution,  were  submitted  on  the  first  day  for  adop 
tion,  in  substance  that  a  senator  was  a  civil  officer  of  the 
United  States,  and  that  the  articles  imputed  offences  to 
William  Blount  committed  while  a  senator.  On  the  fourth 
day  of  discussion,  these  propositions  were  negatived  by  a 
majority  of  fourteen  to  eleven,  and  on  the  sixth  day,  all 
parties  being  convene^  for  the  purpose,  MR.  JEFFERSON 
pronounced  judgment  as  follows: 

"  Gentlemen,  managers  of  the  House  of  Representatives,  and 
gentlemen,  counsel  for  William  Blount,  the  court,  after  having 
given  the  most  mature  and  serious  consideration  to  the  question, 
and  to  the  full  and  able  arguments  urged  on  both  sides,  has  come 
to  the  decision  which  I  am  now  about  to  deliver.  The  court  is 
of  opinion  that  the  matter  alleged  in  the  plea  of  the  defendant 
is  sufficient  in  law  to  show  that  this  court  ought  not  to  hold  juris 
diction  of  the  said  impeachment,  and  that  the  said  impeachment 
is  dismissed." 

This  was  the  first  case  of  impeachment  under  the  exist 
ing  government,  and  there  have  been  but  three  since, 
namely,  those  of  John  Pickering,  Samuel  Chase,  and 
James  II.  Peck,  all  judges  of  the  United  States.  The 
lapse  of  more  than  half  a  century  without  a  single  ad 
ditional  attempt  to  apply  the  power  of  impeachment  to  a 


68  LIFE    OF  A.  J.  DALLAS. 

legislator,  countenances  the  impression  that  the  reasoning 
of  Mr.  Dallas  has  been  accepted  as  in  harmony  with  the 
principles  of  our  polity  and  conclusive  on  the  true  reading 
of  the  constitution.  Such  a  result  must  be  esteemed  for 
tunate.  Had  the  opposite  view  prevailed, — had  the  mys 
teries  and  incongruities  of  English  common  law  received 
recognition  as  an  exhaustless  fountain  of  federal  authority, 
and  every  delegate  or  agent  of  the  people  been  held  amen 
able  to  this  process  of  official  disqualification,  the  mischiefs, 
especially  at  times  of  high  political  excitement,  must  have 
been  endless  and  intolerable.  It  is  practical  wisdom  to 
remove,  in  advance,  from  the  reach  of  contending  parties 
the  means  of  mutual  injury.  A  magnanimous  adversary 
in  a  mere  trial  of  strength  puts  aside  the  dangerous  weapon 
to  whose  use  he  might  be  tempted  by  the  sudden  heats  of 
rivalry.  Mr.  Dallas  pressed  with  admirable  spirit  the 
great  inconveniences  incident  to  the  construction  he  re 
sisted,  by  destroying  the  independence  of  both  branches 
of  the  legislature,  by  arming  a  majority  with  instruments 
of  vengeance,  and  by  rendering  senators  the  judges  in 
their  own  cause. 

III.  A  trial  which,  at  about  the  same  period  of  time, 
awakened  much  local  interest,  and  produced  a  strong  and 
wide  effect  upon  public  opinion  and  sentiment,  took  place 
in  the  superior  criminal  court,  held  at  the  State  House,  in 
Philadelphia,  upon  the  indictment  of  William  Duane,  then 
editor  of  a  political  newspaper  called  The  Aurora,  and 
several  others,  charging  them  jointly  with  an  ordinary 
riot. 

It  will  be  recollected  that  the  act  of  Congress,  passed 
on  the  6th  of  July,  1798,  known  as  the  Alien  Law,  vested 
in  the  President  of  the  United  States  an  immense  discre 
tion  over  persons  resident  here  but  born  abroad,  and  not 
yet  actually  naturalized, — giving  him  the  power  to  appre 
hend,  restrain,  secure,  and  remove  them,  and  to  establish 
any  regulations  he  deemed  necessary  respecting  their  treat 
ment.  This  was  one  of  those  ultra  and  utterly  inexcusable 
devices  by  which  inflamed  factions  sometimes  fancy  they 
can  intimidate  or  coerce  their  opponents,  but  which  really 
betray  their  own  unworthiness  and  prepare  their  own 
downfall.  It  aroused  the  utmost  jealousy  and  resentment, 
kindled  a  generous  sympathy  for  those  who  were  consid 
ered  unconstitutionally  oppressed  by  vindictive  rulers,  and 


LIFE    OF  A.  J.  DALLAS.  69 

was  greeted  everywhere,  except  in  the  presence  of  official 
authority,  with  clamorous  condemnation. 

The  defendants  in  the  prosecution  were  conspicuous  and 
resolute  in  denunciations  of  this  law.  To  a  great  extent  its 
enactment  may  be  ascribed  to  the  exasperating  stream  of 
bold  and  energetic  attack  upon  the  federal  administration 
which  flowed,  without  ebb,  through  the  columns  of  The 
Aurora  ;  and  the  editor  of  that  print,  with  his  known  asso 
ciates,  were  watched,  with  a  corresponding  zeal,  as  likely 
to  commit  themselves,  under  a  galling  sense  of  wrong,  by 
some  breach  of  the  public  peace.  They  had  determined 
to  obtain,  if  possible,  such  a  pressure  upon  Congress  by 
means  of  popular  petition,  as  would  lead  to  a  repeal  of 
the  act ;  and  in  pursuance  of  this  plan  they  caused  a  placard 
to  be  posted  on  the  exterior  wall  of  the  church  at  which, 
on  a  particular  Sabbath,  the  numerous  congregation  to 
which  they  belonged,  assembled.  This  placard  was  the 
following  short  invitation  :  "  Natives  of  Ireland  who  worship 
at  this  church  are  requested  to  remain  in  the  yard  after  divine  ser 
vice,  until  they  have  affixed  their  signatures  to  a  memorial  for  the 
repeal  of  the  Allen  Bill."  That  a  matter  in  itself  so  simple  and 
harmless,  so  entirely  within  the  sphere  of  constitutional 
right  and  order,  even  supposing  the  locality  and  the  day 
unreflectingly  chosen,  should  meet  resistance  and  occasion 
violence,  is  a  strong  proof  of  the  diseased  and  sensitive  state 
of  the  public  passions.  Some  took  fire  at  the  proceeding  as 
Jacobinical,  some  termed  it  a  profanation  of  the  consecrated 
edifice,  others  a  desecration  of  the  neighboring  graves,  and 
many  an  insult  upon  the  pious  attendants  at  the  altar !  The 
impulse  to  all  this  indignant  invective,  however,  was  obvi 
ously  the  party  spirit  then  hotly  raging.  It  is  difficult  to 
repress  a  smile  at  the  extravagance  of  the  honest  chief 
magistrate  of  the  city  of  Philadelphia,  who,  officially  re 
porting  the  outrage  for  prosecution,  described  it  as  an  act 
"  done  with  intent  to  subvert  the  government  of  the  United  States  /" 
The  utmost  extent  to  which  the  evidence  carried  the  dis 
order  of  the  scene  was,  that  one  of  the  implicated,  while 
being  pushed  from  the  churchyard,  exhibited,  without 
using,  a  pistol  he  had  in  his  pocket  to  protect  himself 
against  a  totally  different  and  unconnected  assault ! 

Mr.  Dallas  addressed  the  jury  : 

"  These  gentlemen  who  have  been,  with  sonorous  emphasis, 
charged  with  a  design  to  subvert  the  government,  were  relieved, 


70  LIFE   OF  A.  J.  DALLAS. 

by  the  very  evidence  adduced  to  criminate  them,  from  every  im 
putation  or  even  suspicion  of  having  been  guilty  of  the  commonest 
casual  affray.  But  you  have  heard  them  called  Jacobins!  And 
has  it  already  been  settled  that  an  exercise  of  the  invaluable 
right  to  petition  for  a  redress  of  grievances  is  Jacobinism  ?  Are 
forms  of  proceeding,  expressly  recognized  and  warranted  by  the 
constitution,  thus  early  after  its  adoption,  converted  by  the  judg 
ment  of  reckless  faction  into  criminal  acts  ?  Is  it  possible  to 
treat  the  defendants  as  lawless  outcasts  of  society  because  they 
received,  from  those  who  were  willing  to  give  them,  signatures  to 
a  memorial  whose  contents  do  honor  to  its  author  ?  And  is  it 
possible  that  for  this  they  are  additionally  asserted  to  have  for 
feited  all  privilege  of  counsel  on  their  trial,  with  open  threats  that 
he  who  undertakes  to  represent  and  defend  them  shall  himself 
be  denounced  and  victimized? 

"  There  can  be  no  doubt  that  this  is  a  party  case, — a  party 
question  altogether.  Look  abroad,  is  not  party  marshalled,  nay 
armed,  for  violence  ?  Has  not  party  entered  into  the  recesses  of 
private  intercourse,  poisoned  its  roots,  and  destroyed  the  possi 
bility  of  its  existence  among  those  who  differ  on  political  princi 
ples  ?  Is  not  the  population  of  the  whole  country  almost  equally 
divided  by  the  spirit  of  party?  Where  is  the  hope  of  safety, 
where  the  expectation  of  retaining  even  the  soothing  civilities  of 
society,  if  these  furious  passions  are  to  be  introduced  upon  all, 
the  slightest,  occasions  before  a  court  of  justice  ?  I  appeal  to 
you,  gentlemen  of  the  jury,  is  this  picture  overdrawn  ?  is  it  not 
strictly  true  ? 

"And  what  object  had  these  defendants  in  view?  Was  it  a 
legal  and  meritorious  one,  or  a  lawless  and  culpable  one  ?  I  can 
not  conceive  it  possible  that,  in  a  city  so  populous  and  enlightened 
as  this, — a  seat  of  government,  where  the  written  constitution  is 
in  the  hands  of  every  man,  and  the  exposition  of  its  principles 
undergoing  constant  emanation  from  the  chambers  of  Congress, 
— that  to  solicit  signatures  to  a  memorial  for  the  redress  of  griev 
ances,  in  its  tone  and  character  so  dignified  and  decent,  should  be 
esteemed  criminal.  If  it  be  a  crime,  who  is  he,  on  one  side  or 
the  other,  that  is  guiltless?  Is  a  proceeding  which  all  citizens  are 
bound  to  encourage  and  promote, — a  proceeding  dear  to  every 
one  who  values  the  liberties  and  constitution  of  our  country, — 
a  proceeding  positively  recognized  by  the  constitution  itself,  and 
which  all  men  and  all  parties  should  support  at  every  hazard ;  is 
such  a  proceeding  to  be  stigmatized  as  riotous  ? 

''I  will  not  consume  your  time  by  reading  this  memorial ;  its 
perfect  propriety  is  universally  conceded :  wherever  read,  by 
whomsoever  spoken  of,  whether  by  the  friends  or  by  the  enemies 
of  the  act  of  Congress,  none  have  denied  that  it  was  honorable 
to  its  writer,  respectful  in  its  language,  and  a  fair  exposition  of 


LIFE    OF  A.  J.  DALLAS.  71 

the  sufferings  inflicted  by  the  law  upon  those  against  whom  it 
was  enacted.  It  is  neither  my  intention  nor  my  purpose  to  dis 
cuss  that  law  itself,  or  to  arraign  any  measure  of  the  honorable 
body  which  passed  it ;  I  may  be  allowed,  however,  merely  to 
remark  that  it  was  adopted  when  a  special  policy  seemed  in 
flexibly  to  trample  down  every  obstacle  in  its  path :  and  this  I 
will  say,  without  fear  of  contradiction,  that  if  its  passage  was 
within  the  constitutional  competency  of  Congress,  equally  indis 
putable  is  the  right  of  the  people  to  complain  of  its  operation 
as  a  grievance  and  petition  for  its  repeal.  Ah  !  but  these  peti 
tioners  are  aliens  !  Be  it  so.  But  citizens,  in  all  quarters  of  the 
country,  and  many  of  the  national  representatives  in  both  houses 
of  Congress,  remonstrated  against  the  law  as  of  doubtful  consti 
tutionality  and  of  exceeding  severity ;  why,  then,  should  the 
memorialists,  the  very  sufferers  themselves,  be  condemned  as 
criminal,  for  adopting  and  imitating,  with  unexceptionable  words, 
the  example  thus  set  them  ?  Let  it  not  be  pretended  that  by 
petitioning  for  a  repeal,  they  meant  violently  to  resist  the  law; 
to  overturn  the  constitution  and  the  government :  such  an  idea 
is  too  preposterous  to  be  entertained  for  a  moment  by  this  court 
or  jury.  Disobedience  to  the  statute  was  not  contemplated;  and 
as  long  as  the  judiciary  sanctioned  it,  they,  in  common  with  all 
good  citizens,  were  bound  to  submit  to  it.  But  this  orderly 
acquiescence  did  not,  and  cannot,  preclude  them  from  seeking  its 
repeal  in  the  strictly  constitutional  mode  to  which  they  resorted. 
Or,  gentlemen,  are  we  to  be  told,  that  aliens  resident  in  this 
country  have  no  rights,  no  claims  to  freedom  or  to  justice  ?  Is  it 
true  that  men  are  invited,  by  the  most  flattering  views  of  our 
independence,  liberty,  and  social  security,  sustained  by  an  ad 
mirable  constitution  and  by  equal  laws,  to  come  and  enjoy  with 
us  these  American  blessings ;  and  that  when  they  do  come,  with 
all  the  ties  of  family  affection  around  them,  bringing  their  industry 
and  talents  and  gratitude  to  their  new  asylum  and  their  per 
manent  home,  they  are  destined  to  suffer  the  bitterest  disappoint 
ment,  to  find  these  beckoning  promises  illusory,  and  to  feel  their 
hopes  crushed  ?  They  fly  from  tyranny,  they  quit  oppression, 
exaction,  and  persecution,  allured  by  the  glorious  prospect  and 
the  loud  promise  of  liberty  and  protection  here ;  but  they  are 
suddenly  told — '  You  are  subject  to  the  mandates  of  an  indi 
vidual  ;  you  may  be  forced  to  leave  your  home  and  occupation 
at  his  bidding;  your  treatment  is  what  his  will  may  prescribe.' 
Far  be  it  from  me  to  say  that  their  treatment  will  be  tyranny ; 
but  it  depends  upon  the  character  of  one  man,  as  fallible  as  all 
other  men ;  and  I  solemnly  ask  whether  in  the  shelter  and  safe 
guard  of  the  judicial  tribunals,  in  the  confrontment  of  accuser 
and  accused,  in  the  ordeal  of  a  jury,  and  in  the  publicity  of  trial, 
aliens  are  not  substantially  outlawed  by  this  legislative  ordinance  ? 


72  LIFE    OF  A.  J.  DALLAS. 

The  individual  on  whose  discretion  they  are  dependent  may  him 
self  be  wise,  virtuous,  honorable,  and  just ;  but,  of  necessity,  he 
acts  upon  information  derived  through  others  who  may  possess 
none  of  these  qualities." 

The  indictment  had  been  framed  with  several  counts, 
in  the  expectation  that  a  conviction  might  be  obtained  on 
some  one  of  the  phases  of  offence  imputed.  It  was 
ardently  and  eloquently  pressed  by  Mr.  Joseph  Hopkin- 
son,  author  of  "Hail  Columbia,"  and  subsequently  emi 
nent  as  a  member  of  Congress  and  as  judge  of  the  federal 
district  court.  But  it  signally  failed ;  the  jury,  after  a 
brief  consultation,  pronouncing  a  verdict  of  not  guilty  as 
to  each  and  every  shade  of  the  accusation. 

Some  of  the  remarks  we  have  cited  as  made  by  Mr. 
Dallas  on  this  trial,  so  temporary  in  its  interest  and  im 
portance,  more  than  half  a  century  ago,  are  not  inappli 
cable  to  the  leading  doctrine  zealously  inculcated  by  a 
party  organization  which  the  circling  course  of  events 
indicated  within  a  few  years  back,  as  on  the  eve  of  as 
suming  the  management  of  public  affairs.  If  there  be 
in  reality  a  trait  peculiarly  characteristic  of  American 
polity,  it  is  the  very  great  facility  with  which  foreigners, 
discontented  with  their  homes  from  whatever  cause, 
political  oppression,  classified  social  inferiority,  eccle 
siastical  intolerance,  unappreciated  talents,  or  adversity, 
have  been  admitted  into  the  equalizing  sanctuary  of  our 
citizenship.  The  Republicans  who,  at  the  instant  of  its 
passage,  condemned  the  Alien  Act  and  perseveringly  pro 
longed  an  opposition  to  it  as  unconstitutional,  unjust,  and 
irrational,  until  repeal  was  accomplished  and  its  victims 
or  their  families  were  indemnified,  never  could,  and  their 
disciples  probably  never  will,  predicate  patriotism  or  fit 
ness  for  public  service  from  nativity  alone.  Their  sense 
of  the  history,  spirit,  and  institutions  of  each  State  and 
of  the  Union  rejected,  as  inconsistent  and  derogatory, 
every  sort  of  exclusiveness  not  essential  to  the  main 
tenance  of  order,  liberty,  and  law.  Such  exclusiveness 
had  prevailed  for  ages,  and  had  been  plausibly  cherished 
and  fortified,  in  Europe,  when  they  cut  the  ties  that  bound 
them  to  that  continent;  but  it  was  never  American.  They 
welcomed  the  immigrant  as  a  fellow-being.  They  frankly 
accepted  his  regenerating  oath  of  allegiance  and  abjura 
tion.  They  felt  no  fear  that  the  blessings  of  a  country  so 


LIFE    OF  A.  J.  DALLAS.  73 

free  as  theirs  could  be  voluntarily  assailed  by  those  in  full 
enjoyment  of  them.  They  advanced  no  discriminating 
claim  to  special  gratitude,  because  by  what  they  did  they 
acquired  as  much  as  they  gave, — a  worker  in  the  common 
hive,  a  defender  of  the  common  safety,  a  contributor  to 
the  common  treasury.  Making  their  system  of  govern 
ment  an  object  of  affection,  as  the  offspring  of  all,  and  of 
pride,  as  the  protector  of  all,  instead  of  a  standing  usurpa 
tion  and  a  perpetual  menace,  they  believed  that,  whatever 
might  be  the  conflict  of  opinions  and  the  change  of  ad 
ministrations,  sedition  and  treason  had  become  almost 
impossible  crimes,  certainly  crimes  little  to  be  dreaded. 
It  might  be  that,  as  a  security  to  the  immigrant  himself 
against  sudden  misdirection,  or  even  to  the  State,  a  pro 
bationary  period  had  best  be  defined ;  but,  in  general 
theory,  all  men  of  mature  years,  sound  in  mind  and  in 
morals,  were  competent  to  assume  the  responsibilities 
and  exercise  the  rights  of  citizens;  and,  indeed,  the 
locality  of  the  cradle  in  which  they  were  first  unconsciously 
rocked  had  as  little  to  do  with  the  political  philosophy  of 
the  question  as  the  texture  of  their  first  wrappers,  the 
properties  of  the  air  they  first  inhaled,  or  the  wholesome- 
ness  of  the  nutriment  of  which  they  first  partook.  The 
title  to  accredited  manhood  is  that  of  actual  possession, 
requiring  no  backward  tracing,  and  is  independent  of 
birth  here,  there,  or  elsewhere.  It  is  not  amiss  to  remem 
ber  that  in  a  frame  of  government,  adopted  in  1776  under 
the  direct  auspices  of  Franklin  and  in  the  fresh  and  full 
vigor  of  revolutionary  reconstruction,  the  forty-second 
section  expressly  provided  that  every  foreigner,  having 
taken  the  oath  of  allegiance,  "  shall,  after  one  year's  resi 
dence,  be  deemed  a  free  denizen,  and  entitled  to  all  the 
rights  of  a  natural-born  subject  of  the  State,  except  that 
he  shall  not  be  capable  of  being  elected  a  representative 
until  after  two  years1  residence." 

They  who  esteemed  native  birth  an  essential  civil  quali 
fication  quit  the  hard  rules  of  logic,  and  rested  upon  the 
persuasive  suggestions  of  sentiment.  They  asked  the 
Democrats  of  '98,  and  they  appealed  to  the  immigrants 
themselves,  whether  it  was  possible  wholly  to  release  the 
mind  from  its  youthful  convictions,  to  extinguish  in  the 
heart  the  fond  attachment  for  early  scenes  and  associates, 
and  inflexibly,  for  the  sake  of  the  new,  to  sacrifice  all 


74  LIFE    OF  A.  J.  DALLAS. 

remembrance  of  the  old  country  ?  If  upright  nature  could 
give  but  one  reply,  then  was  there  not  a  practical,  though  it 
might  seem  to  be  an  illogical,  necessity  for  guarding  our 
institutions  against  the  operation  of  these  latent  influences 
on  human  conduct?  Did  they  not  at  least  exact  such  a 
term  of  precautionary  novitiate  as  would  hold  out  a  prom 
ise  that  purely  American  ideas  and  affections  would  spring 
up  and  effectually  acquire  ascendency?  Unfortunately, 
this  view  of  the  subject,  in  reality  a  narrow  and  delusive 
one,  catches  promptly  the  unreflecting  ear ;  and  it  was, 
moreover,  strengthened  by  the  frequency  with  which  the 
foreign  born  of  our  population,  French,  Irish,  Scotch, 
English,  or  German,  formed,  sometimes  for  purposes  of 
benevolence,  sometimes  for  military  tuition  and  parade, 
sometimes  for  conviviality,  and  sometimes  for  political 
conference,  associations,  contradistinguished  from  Ameri 
can  fellowship,  and  of  a  tone  and  a  ceremonial  exclusively 
transatlantic.  These  associations  were  construed  as  living 
and  ostensible  proofs  of  a  wish  and  a  determination  on 
the  part  of  immigrants  themselves  to  keep  up  the  dis 
tinction  between  the  native  and  adopted  citizens,  to  avoid 
sinking  into  a  homogeneous  mass,  and  to  transplant  hither 
antipathies,  tastes,  practices,  and  prejudices,  which  had 
not  found  a  natural  growth  on  our  soil.  The  question 
could  not  easily  be  answered,  why  are  wre  to  overlook  the 
locality  of  birth  and  to  ignore  it  as  unimportant,  while 
they,  in  whose  favor  we  should  do  so,  insist  thus  upon 
retaining  it  as  a  link  of  concert,  a  shibboleth,  and  a 
pride  ? 

A  great  organic  principle,  once  and  with  unanimous 
sanction  deposited  as  the  corner-stone  of  a  free  and  just 
and  beneficent  structure  of  government,  cannot  be  trimmed 
and  fashioned  anew  to  suit  every  light  and  transient  jeal 
ousy.  It  is  there  for  universal  and  perpetual  use, — not 
to  be  shaken  by  partial  evils  or  casual  incongruities,  but 
to  outlive  the  errors  and  excitements  of  centuries  and  of 
generations.  If  there  be  in  the  Constitution  of  the  United 
States  an  unwise  or  even  hazardous  contempt  as  to  the 
personal  genealogies  of  those  for  whose  protection,  pros 
perity,  and  happiness  it  was  formed, — if,  among  the  vast 
discoveries  of  modern  genius,  it  has  suddenly  been  found 
that  "  there  is  much  virtue  in  blood"  and  more  in  na 
tivity, — if  that  which  the  noblest  assemblage  of  sages 


LIFE    OF  A.  J.  DALLAS.  75 

ever  convened  embalmed  in  their  work  as  an  essential 
feature  of  American  republicanism — the  baptismal  effi 
cacy  of  naturalization — be  wrong  and  suicidal,  the  people 
may  ultimately  resort  at  least  to  the  power  of  amendment. 
It  would  be  discreet,  however,  to  avoid  defacing  one  of 
the  fundamental  originalities  of  our  sense  and  system  of 
human  liberty,  until  its  dangerous  tendencies  were  estab 
lished  by  something  more  palpably  true  than  sentimental 
casuistry,  something  less  flimsy  and  fugitive  than  party 
strife.  In  the  constitutional  enumeration  of  the  powers 
of  Congress,  the  fourth  is  "to  establish  a  uniform  rule  of 
naturalization" — a  phrase  whose  import  requires  no  com 
ment;  and,  in  the  entire  instrument,  eligibility  to  office, 
as  a  civil  right,  is  restricted  to  the  natural-born  citizens, 
or  to  citizens  at  the  time  of  its  adoption,  only  in  the  cases 
of  President  and  Vice-President.  Every  other  legislative, 
executive,  or  judicial  functionary,  superior  or  subordinate, 
may  be  law-born  instead  of  natural-born.  When  the  expe 
diency  of  extending  or  contracting  the  period  of  residence 
as  a  qualification  in  members  of  the  Senate  or  of  the 
House  of  Representatives  was  discussed  in  the  convention 
of  1787,  the  truly  American  doctrine,  in  utter  scorn  and 
hostility  of  the  admitted  European  one,  broke  forth.  MR. 
MADISON  "  thought  any  restriction  unnecessary  and  im 
proper.  Improper,  because  it  will  give  a  tincture  of  illiberality 
to  the  constitution.^  DR.  FRANKLIN  was  not  against  a  reason 
able  time,  but  should  be  very  sorry  to  see  anything  like  illibe 
rality  inserted."  "We  found  in  the  course  of  the  Revo 
lution  that  many  strangers  served  us  faithfully ,  and  that  many 
natives  took  part  against  their  country."  "  When  foreigners, 
after  looking  about  for  some  other  country  in  which  they 
can  obtain  more  happiness,  give  preference  to  ours,  it  is  a 
proof  of  attachment  which  ought  to  excite  our  confidence  and 
affection."  MR.  EDMUND  RANDOLPH  u  reminded  the  con 
vention  of  the  language  held  by  our  patriots  during  the  Revolu 
tion  and  the  principles  laid  down  in  all  our  American  constitu 
tions.  Many  foreigners  may  have  fixed  their  fortunes 
among  us  under  the  faith  of  these  invitations."  MR.  JAMES 
WILSON  "  rose,  with  feelings  which  were  perhaps  peculiar, 
mentioning  the  circumstance  of  his  not  being  a  native,  and 
the  possibility,  if  the  ideas  of  some  gentlemen  should  be 
pursued,  of  his  being  incapacitated  from  holding  a  place  under 
the  very  constitution  which  he  had  shared  in  the  trust  of  making  ! 


76  LIFE    OF  A.  J.  DALLAS. 

He  remarked  the  illiberal  complexion  which  the  motion 
would  give,  to  the  system,  and  the  effect  a  good  system  would 
have  in  inviting  meritorious  foreigners  among  us,  and  the 
discouragement  and  mortification  they  must  feel  from  the 
degrading  discrimination  proposed"  No  one  can  doubt  that 
Americans  should  govern  America, — Americans  law-born 
or  naturalized  as  well  as  natural  born.  There  is  but  one 
real  calamity  to  dread,  and  that  is  that  Americans  may 
undertake  to  govern  America  upon  principles  wholly 
un-American,  not  reconcilable  to  the  genius  of  the  Revo 
lution  nor  to  the  import  of  the  constitution. 

Perhaps  no  more  appropriate  occasion  than  the  present 
will  occur,  in  the  progress  of  this  sketch,  for  referring  to 
an  incident  by  which  the  composure  and  candor  with 
which  Mr.  Dallas  regarded  this  matter  of  foreign  birth 
may  be  appreciated.  He  was,  like  Alexander  Hamilton, 
born  on  an  island  in  the  West  Indies ;  but  he  came  to  the 
United  States  as  early  as  1783,  was  a  citizen  at  the  time 
of  the  adoption  of  the  federal  constitution,  and  was 
therefore  eligible  to  the  office  of  President.  In  1816, 
when  his  energy  and  ability  in  retrieving  the  almost 
hopeless  bankruptcy  of  our  national  finances  had  inspired 
an  ardent  admiration,  several  of  the  representatives  in 
Congress  from  Kentucky  requested  permission  to  put  his 
name  forward  as  their  candidate  for  the  chief  magistracy. 
He  declined,  without  hesitating,  and  on  two  grounds : 
one,  as  the  fast  friend  of  James  Monroe,  and  the  other, 
because,  although  undoubtedly  embraced  by  what  may 
be  called  the  temporary  reservation  of  the  fourth  clause 
in  section  1,  article  3,  he  deemed  it  most  suitable  and 
respectful  that,  as  regards  that  eminent  station,  the  policy 
designed  as  the  permanent  one  should  at  once  be  frankly 
adopted  and  pursued.  While  he  could  eloquently  insist 
upon  the  legitimate  and  lineal  fruits  of  naturalization  in 
its  countless  but  inferior  bearings,  he  thought  it  by  no 
means  unbecoming  or  harsh,  and  clearly  involving  no 
breach  of  plighted  faith,  though  it  might  not  be  strictly 
logical,  that  the  American  people  should  prefer  depositing 
their  executive  power  in  native  hands. 

IV.  The  impeachment  of  Alexander  Addison,  president 
judge  of  the  court  of  common  pleas  for  the  circuit  com 
posed  of  the  counties  of  Westmoreland,  Fayette,  Wash 
ington,  and  Alleghany,  before  the  Senate  of  Pennsylvania, 


LIFE    OF  A.  J.  DALLAS.  77 

furnished  another  occasion  for  the  striking  professional 
displays  to  which  we  are  cursorily  adverting. 

Mr.  Dallas  was  of  counsel  to  aid  the  managers  appointed 
by  the  House  of  Representatives.  Although  the  proceed 
ing  hinged  upon  incidents  in  themselves  of  slight  dignity 
and  importance,  the  legislative  body  could  not  well  abstain 
from  its  institution.  The  freedom  with  which  Judge 
Addison,  exercising  his  functions  before  juries,  habitually 
indulged  in  allusions  to  topics  of  a  political  bearing,  had 
given  much  offence,  and  provoked  one  of  his  associate 
colleagues  on  the  bench,  Judge  Lucas,  to  counteracting 
efforts.  The  president  of  the  court  bore  with  restless  im 
patience  what  he  regarded  as  a  sort  of  mutiny  among  his 
subordinates  or  staff.  Possessed  of  fine  abilities,  and  ad 
mirably  qualified  as  a  lawyer,  he  was  nevertheless  prone 
to  unnecessary  assumptions  of  power,  was  fond  of  irrel 
evant  dissertation  in  his  official  addresses,  and  probably 
believed  that  the  rapid  and  ominous  advance  of  the  demo 
cratic  element  in  the  social  state  excused,  if  it  did  not 
imperiously  exact,  a  check  from  all  persons  in  authority. 
Judge  Lucas,  a  plain,  uneducated  man,  of  sterling  integrity 
of  purpose,  inexperienced  in  the  forms  of  legal  tribunals, 
but  keenly  alive  to  every  encroachment,  no  matter  how 
plausible,  upon  popular  rights,  was  at  first  overawed  ;  and 
when  he  at  last  undertook  to  dissent,  found  himself  in 
capable  of  a  successful  stand  against  contemptuous  arro 
gance,  loud  menace,  or  dexterous  management,  He  was 
publicly,  from  the  seat  of  justice,  sneered  at  as  one  whose 
opinion  was  not  worth  hearing;  silenced,  on  attempting  to 
speak  to  a  jury  ;  and  finally,  when  prepared  with  written 
remarks,  he  was  ordered  to  abstain  from  reading  them 
under  an  intimated  penalty  of  imprisonment.  Many 
citizens,  who  witnessed  the  circumstances  which  thus  re 
duced  one  of  their  magistrates  to  the  unmerited  condition 
of  a  cypher  or  pageant,  addressed  themselves,  for  inquiry 
and  vindication,  to  the  legislature.  The  personal  treat 
ment  of  Judge  Lucas,  though  it  effectually  disabled  and 
depreciated  him  as  a  public  officer,  was  frivolous  and  un 
accompanied  by  actual  violence ;  yet  it  was  apparent  that 
the  engrossing  pretensions  of  Judge  Addison  involved 
principles  of  considerable  nicety  and  importance  ;  that  he 
obstinately  and  perseveringly  pushed  those  pretensions  ; 
and  that,  if  the  established  system  of  associates,  in  judica- 


78  LIFE    OF  A.  J  DALLAS. 

ture,  was  to  be  maintained,  their  independence  must  be 
vindicated  by  the  only  competent  authority. 

It  has  been  said  that  in  America,  the  judiciary,  of  all 
the  departments  of  government,  is  the  most  open  to  attack 
and  the  least  capable  of  resistance.  The  remark  may  be 
just;  but  it  would  be  uncandid  to  omit  adding  that  this 
exposure  and  this  weakness  wrere,  at  the  time  of  which 
we  are  writing,  greatly  aggravated  by  the  rash  manner  in 
wThich  judicial  functionaries  had  frequently  drawn  into 
doubt  their  impartiality  or  purity  of  motive.  In  this  re 
spect  time  has  ripened  a  change  in  the  highest  degree 
honorable  to  the  spirit  of  our  institutions  and  the  whole- 
someness  of  public  opinion.  Judges  are  now,  as  well  in 
State  as  in  federal  spheres  of  action,  not  merely  learned 
and  laborious,  but  inaccessible  to  corruption  of  any  sort, 
and  as  little  liable  as  human  agents  can  be  to  the  suspicion 
of  bias.  Certainly,  on  questions  connected  with  the  con 
stitutions,  or  involving  principles  of  construction,  decisions 
must  be  expected  to  conform  to  that  school  of  politics  to 
which  the  judge  belongs  and  from  which  he  was  inten 
tionally  selected;  but  in  the  ordinary  administration  of 
justice,  touching  the  enforcement  of  contracts,  the  pre 
vention  or  redress  of  wrongs,  and  the  execution  of  the 
criminal  code,  we  are  free  to  doubt,  even  in  presence  of 
the  illustrations  of  France  and  England,  whether  the  rule 
of  right  has,  in  any  country  or  at  any  time,  been  fulfilled 
by  legal  tribunals,  more  wisely  and  virtuously  than  it  now 
is  throughout  our  republics. 

The  speech,  in  maintenance  of  the  impeachment,  was 
remarkable  for  its  clear  development  of  constitutional 
law,  its  compact  and  forcible  reasoning,  and  its  singular 
aptness  of  illustration.  Nearly  two  days  were  occupied 
in  its  delivery.  Let  it  be  observed  that  although  the 
amendments  adopted  in  convention,  in  1838,  were  in 
teresting  and  important,  especially  in  the  tenure  of  the 
judicial  office,  the  remarks  of  Mr.  Dallas  are  as  just  com 
mentaries  upon  the  present  as  upon  the  former  constitu 
tion  of  Pennsylvania.  We  will  refer  to  such  portions 
only  of  this  deservedly  celebrated  address  as  include 
matter  of  general  and  permanent  interest  and  as  seem  to 
us  particularly  replete  with  the  manner  of  thought  and 
diction  which  characterized  its  author. 

The  prosecution  was  supported  under  three  points  of 


LIFE    OF  A.  J.  DALLAS.  79 

view:  1,  that  it  is  the  right  and  the  duty  of  an  associate 
judge  to  address  a  grand  jury,  as  well  as  a  petit  jury,  upon 
subjects  judicially  before  the  court;  2,  that  by  depriving 
Mr.  Lucas  of  his  right,  and  preventing  his  performance 
of  this  duty,  Judge  Addison  has  been  guilty  of  an  illegal, 
unjust,  and  unconstitutional  misdemeanor  in  office ;  and 
3,  that  for  an  offence  of  this  description,  an  impeachment 
is  the  appropriate  remedy. 

After  reading  the  entire  section  of  the  constitution  re 
specting  the  judicial  power,  Mr.  Dallas  said  : 

"I  lay  it  down  as  a  general  result  to  be  deduced  from  this 
article,  that  the  president  and  associate  judges  of  the  courts  of 
common  pleas,  in  their  powers  and  duties  as  judges  are  placed 
on  a  strict  footing  of  equality,  and  have  equal  coextensive 
authority.  This  equality  arises,  indeed,  not  only  from  the  con 
stitution  of  the  office,  but  from  the  very  nature  of  the  judicial 
character. 

"  Here  then  is  no  distinction  made  in  the  constitution  between 
the  powers  of  the  president  and  associate  ;  and  if  the  constitution 
recognizes  no  distinction,  the  legislature  can  make  no  distinction; 
and  certainly  no  act  of  the  judges  themselves  can  possibly  over 
leap  the  constitution  and  the  law,  to  create  a  distinction  by  bar 
tering  or  surrendering  rights,  which  they  possess  for  the  public 
benefit.  We  must  not  be  misled  by  words  or  names.  A  president 
does  not  mean  a  person  who  is  to  direct,  influence,  control,  and 
command  the  court;  but  in  this,  as  in  all  public  bodies,  from 
necessity,  there  must  be  an  organ  to  declare  its  sense.  Thus,  in 
the  supreme  court  there  is  a  chief  justice,  in  the  senate  a  speaker, 
and  on  the  grand  jury  there  is  a  foreman ;  they  all  mean  the 
same  thing,  and  nothing  more. 

"  Nor  are  we  to  be  misled  on  account  of  a  distinction  made  in 
the  act  of  Assembly  for  organizing  our  courts,  by  which  a  profes 
sional  character  is  required  to  be  placed  as  president  of  a  court 
of  common  pleas.  The  president  does  not  by  this  distinction  ac 
quire  any  additional  power,  nor  is  he  raised  to  any  greater  degree 
of  eminence.  You  find  nothing  in  the  constitution  that  prescribes 
that  the  president  shall  be  a  legal  character,  though  the  act  of 
Assembly  enjoins  it ;  and,  although  it  might  be  a  question,  whether 
the  legislature  had  the  power  under  the  constitution  to  place  this 
restraint  on  the  appointments  of  the  executive,  it  has  nothing  to 
do  with  the  present  discussion.  In  point  of  convenience,  how 
ever,  the  introduction  of  a  law  character  on  the  bench  might  be 
well, — he  may  unquestionably  be  useful ;  but  he  cannot  be  sup 
posed  entitled  on  this  account  to  abridge  the  rights,  or  to  prevent 
a  performance  of  the  duties  of  his  associates,  as  declared  in  the 
constitution. 


80  LIFE    OF  A.  J.  DALLAS. 

"  This  constitutional  inquiry  is  necessary,  because,  I  think, 
after  establishing  that  the  constitution  gives  equal  power  and 
equal  rights,  and  imposes  equal  duties  on  the  president  and  asso 
ciate  judges,  we  shall  require  something  more  than  an  outdoor 
agreement  of  the  judges  to  destroy  this  constitutional  equality, 
not  only  as  to  the  parties  to  the  agreement,  but  as  to  their  suc 
cessors  forever. 

"The  first  idea  of  the  judicial  character  which  presents  itself 
is  that  a  judge  only  exists  in  the  exercise  of  his  own  judgment. 
A  judge  cannot  act  by  deputy,  for  he  cannot  delegate  the  powers 
of  his  judgment  to  another  ;  he  cannot,  for  the  purposes  of  judg- 
merit,  receive  information  through  the  eyes,  ears,  or  understand 
ing  of  another.  The  very  nature  of  the  judicial  character,  I 
repeat,  requires  that  he  should  see,  hear,  and  understand  for 
himself.  He  violates  the  trust  if  he  substitutes  the  judgment  of 
another  for  his  own,  or  even  if,  by  his  silence,  he  permits  a  jury 
to  infer  that  he  is  satisfied  with  the  opinion  of  another,  at  whose 
opinion  he  revolts;  nay,  he  is  more  bound  to  give  his  opinion 
and  to  assign  the  reasons  for  it  if  he  is  dissatisfied,  or  even  doubts, 
than  when  he  concurs  in  the  sentiments  of  a  colleague.  What 
sort  of  a  judge  would  he  be  that  should  suffer  it  to  be  understood 
that  he  agreed  in  a  charge  from  which  in  fact  he  dissented  ?  No 
man  will  assert  that  such  conduct  would  furnish  the  mind  with 
an  idea  of  the  judicial  character.  Different  circumstances,  says 
the  defendant,  will  strike  the  minds  of  different  persons  in  a 
different  manner.  True,  it  is  so  in  the  moral  and  in  the  physical 
world,  and  emphatically  it  is  true  in  the  science  of  the  law, 
which  is  a  department  of  the  moral  world.  There  is  scarcely  a 
topic  of  legal  investigation  which  does  not  produce  contrariety 
of  sentiment  and  sometimes  of  decision.  It  is  not  a  difference 
among  lawyers  merely  ;  but  you  scarcely  find  an  argument  at 
any  bar  that  does  not  occasion  a  diversity  of  opinion  on  the 
bench.  But  this  very  view  of  the  subject  leads  to  the  conclusion 
that  every  one  ought  to  assign  his  reasons,  whether  he  agrees  or 
dissents  ;  and  we  ought  not  to  say  to  an  associate  judge  that  you 
may  think,  but  you  shall  not  utter  your  thoughts  ;  you  may  form 
an  opinion,  but  you  shall  not  deliver  it ;  you  may  sit  as  a  judge, 
but  you  shall  never  display  your  own  judgment,  unless  it  coincides 
with  the  judgment  of  the  majority  of  the  bench.  Alas  !  would 
this  be  consistent  with  the  judicial  character  ?  Further,  we  know 
from  our  own  times,  as  well  as  from  the  history  of  ancient  days, 
that  a  majority  of  the  judges  in  courts  of  law  have  been  capable 
of  delivering  illegal,  unconstitutional,  and  even  criminal  opinions. 
On  such  occasions  were  the  minority  bound  to  silence  ?  What 
ever  may  have  been  the  rule  of  the  day,  in  the  case  of  the  ship- 
money  and  the  case  of  the  seven  bishops,  mankind  have  since 
consecrated  to  everlasting  fame  the  names  of  those  who  honorably 


LIFE    OF  A.  J.  DALLAS. 

spurned  the  slavish  doctrine.  Let  the  doctrine  prevail,  and  I 
see  not  why  a  puppet  or  a  China  mandarin  Avould  not  form  as 
good  an  associate  for  the  honorable  president  as  a  Coke  or  a 
Mansfield, — a  judge  who  may  agree  in  silence,  but  cannot  dissent 
in  speech ;  who  may  ruminate,  but  dare  not  divulge  his  senti 
ments  ;  who  shall  be  considered  in  law  a  party  to  the  judgment 
of  the  court,  and  yet  cannot  in  fact  declare  that  he  thinks  the 
opinion  of  the  court  either  erroneous  or  criminal.  The  powers 
created  by  the  constitution,  the  rights  inherent  in  the  judicial 
character,  point  at  equality  and  independence  among  the  judges. 
In  every  court,  whether  superior  or  inferior,  the  maxim  prevails, 
'Inter  pares  non  est  potestas.' 

11  From  every  source  of  judicial  authority,  from  the  constitu 
tion,  from  the  acts  of  Assembly,  from  the  maxims  of  the  common 
law,  and  from  daily  practice  and  experience,  the  same  undevi- 
ating  result  is  deduced.  A  brother  justice  cannot  be  bound  even 
to  his  good  behavior  for  using  such  expressions  in  court  as 
would  authorize  the  commitment  of  a  private  person.  But  let 
me  appeal,  likewise,  to  any  member  of  the  Senate  at  all  acquainted 
with  proceedings  of  courts,  whether  his  sense  of  decorum  would 
not  be  wounded  if,  seeing  a  division  of  three  to  two  judges  upon 
a  case  before  them,  he  should  hear  the  majority  declare  that  the 
minority  might  think,  but  should  not  speak  ?  And  what  would 
be  his  indignation  if  this  threat  was  added,  '  If  you  of  the  minority 
are  not  silent,  we  of  the  majority  will  send  you  to  jail !'  But  is 
this  the  extent  to  which  the  mischief  leads  ?  May  not  the 
majority  of  every  public  body  act  upon  the  same  principle  with 
equal  right  ?  and  shall  we  not  in  the  end  encourage  a  usurpation 
by  which  all  the  independence  of  individuals,  of  minorities  in 
public  assemblies,  and  even  of  the  departments  of  the  government, 
may  be  undermined  and  destroyed?  Carry  it  one  step  further, 
and  if  the  judges  divide  two  against  two,  mere  manual  strength 
or  brutal  force  must  decide  the  judicial  conflict." 

The  following  passage  cannot  fail  to  be  specially  im 
pressive.  Uttered  in  the  presence  of  a  numerous  au 
dience,  the  description  of  the  partisan  habits  of  judges 
has  the  weight  of  contemporaneous  testimony,  and  exposes 
one  of  the  greatest  evils  of  those  days.  Such  bold  and 
eloquent  condemnation  could  not  come  from  the  lips  of 
an  eminent  public  man  before  a  court  of  impeachment 
without  the  warrant  of  notorious  and  incontestable  facts: 

"Inquiring  more  particularly,  however,  whether  there  is  any 
difference  in  the  authority  of  the  several  judges  constituting  the 
same  court  to  address  grand  juries  (their  other  official  powers 


82  LIFE    OF  A.  J.  DALLAS. 

being  clearly  equal),  we  are  to  look  for  the  origin  of  charges 
to  the  English  courts.  I  have  not  the  books  here  to  refer  to  ; 
but,  if  my  recollection  be  correct,  the  practice  originated  with 
the  justices  in  Eyre  and  Assize,  who,  in  the  course  of  their  judi 
cial  circuits  and  visitations,  collected  a  number  of  persons  com 
petent  to  inquire  into  the  state  of  the  country,  for  the  purpose  of 
discovering  the  offences  that  had  been  committed  and  bringing 
the  offenders  to  trial  and  punishment.  The  selected  inquest 
usually  assembled  at  the  chambers  of  the  judges,  where  the 
principal  judge  delivered  to  them  an  abstract  of  the  crimes  and 
offences  of  which  they  were  to  inquire,  comprising  nothing  more 
than  a  short  definition  of  the  several  offences  and  the  punishment 
annexed  to  the  perpetration  of  them.  The  length  of  the  charge 
naturally  increased  with  the  increase  of  offences  and  the  exten 
sion  of  the  penal  code  to  new  objects ;  but  still  it  long  preserved 
its  original  character  of  a  mere  abstract  of  crimes  and  punish 
ments,  and  consequently  no  opportunity  could  occur  on  this  part 
of  a  judge's  duty  for  a  diversity  of  sentiment.  From  the  useful 
simplicity  of  this  practice,  however,  it  has  been  the  passion  of 
modern  judges  greatly  to  depart,  but  in  no  country  has  the  de 
parture  been  more  bold  or  pernicious  than  in  our  own.  Even 
in  the  judicial  history  of  England,  where  the  spirit  of  party 
has  sometimes  raged  with  the  most  dreadful  consequences,  you 
will  find  it  difficult  to  trace  any  instance  to  countenance  the 
political  declamations,  the  party  invectives,  which  have  of  late 
become  a  sort  of  prelude  to  the  commencement  of  every  session 
of  our  courts  of  justice.  The  moment  the  original  ground  was 
left,  from  that  moment  a  new  series  of  consequences  ensued.  We 
entered  our  courts,  not  as  to  a  scene  of  administrative  law,  but 
to  a  scene  of  political  speculation,  in  which  no  precise  object  was 
presented  to  the  mind ;  but,  instead  of  a  definition  of  crimes  and 
punishments,  the  attention  was  engaged  by  theoretical  declama 
tions  or  the  feelings  were  exasperated  by  the  forensic  denuncia 
tions,  and  every  mind  drew  different  conclusions  from  the  display, 
having  different  prejudices  and  opinions  to  indulge. 

"  In  every  instance  of  a  charge  to  a  grand  jury  relative  to  their 
duties,  it  is  admitted  that  there  is  a  concurrent  right  in  the  asso 
ciate  judge  to  address  them,  but  it  is  said  by  a  witness,  'that  as 
to  all  extra  matter,  it  was  left  exclusively  to  the  president,  under 
a  chamber  agreement  of  three  of  the  associate  judges  and  the 
president,  to  say  and  do  as  he  pleased.'  'Extra  matter!'  But 
though  the  definition  has  not  been  given  by  the  defendant,  or 
his  witness,  there  are  materials  before  us  from  which  to  form 
a  tolerable  idea  of  the  meaning  of  those  who  used  the  term. 
It  is  then,  I  presume,  matter  delivered  to  a  jury,  with  which 
they  have  nothing  to  do.  It  is  matter  to  dissuade  them  from 
the  impartial  discharge  of  their  duty,  on  the  score  of  party 


LIFE    OF  A.  J.  DALLAS.  83 

animosity.  It  is  matter  to  excite  in  their  breasts  a  spirit  of  per 
secution  against  their  neighbors  who  differ  with  them  in  political 
or  religious  opinions.  It  is  '  extra  matter'  to  inculcate  doctrines 
to  the  people,  from  the  bench,  in  favor  of  the  party  to  which 
the  presiding  judge  has  attached  himself.  We  will  put  a  case 
(authorized  by  the  testimony)  of  a  political  discussion  in  which 
is  brought  into  view  that  farrago  of  absurdity,  falsehood,  and 
wickedness  that  glares  in  the  pages  of  Barreul  and  Robertson ; 
or  which  is  portrayed  in  the  '  Bloody  Buoy'  with  all  the  filth  of 
Porcupine ;  and  we  will  suppose  the  presiding  judge  to  declare 
that  the  evil  spirit  which  appears  in  those  works  to  have  de- 
stro}7ed  Europe,  has  extended  its  baneful  influence  to  this  coun 
try,  and  already  corrupted  and  diseased  the  very  heart  of  the 
body  politic  ;  if,  in  proof  of  such  assertions,  he  would  refer  to 
the  legislative  proceedings  of  our  sister  States,  Virginia  and 
Kentucky,  and  point  emphatically  to  the  result  of  our  own 
elections ;  and  if  he  should  lead  to  the  conclusion  that  every 
man  participating  in  those  reprobated  acts  was  an  enemy  to  re 
ligion,  good  order,  and  civil  government ;  an  object  fit  for  general 
execration,  and  meriting  to  be  banished  from  the  social  world ; 
I  ask,  whether  any  judge  sitting  on  the  bench,  hearing  this 
wild,  irrational,  unfounded,  and  dangerous  invective,  ought  to 
be  expected  to  pass  it  over  in  silence  ;  and  by  that  very  silence 
to  expose  himself  to  the  suspicion  of  approving  and  assenting  ? 
Grant  this,  and  the  effect  would  be  dreadful !  A  president  of  a 
court  of  common  pleas  having  the  exclusive  right  to  detail  all 
'  extra  matter'  according  to  the  dictates  of  his  own  taste  and 
passions,  would  soon  pass  from  general  declamation  to  personal 
denunciation  ;  consigning  his  fellow-citizens,  one  after  another, 
to  popular  hatred  and  fury,  as  the  partisans  of  a  faction,  Jacobins, 
and  Illuminati ;  or  as  members  of  the  Middle  Creek  Secret  Asso 
ciation,  till  all  security  of  the  laws  in  relation  to  persons,  repu 
tation,  and  fortunes  would  be  annihilated.  If,  at  least,  this 
extensive  mischief  was  not  produced,  it  would  be  owing  more 
to  the  mild  temperament,  the  happy  manners  of  our  citizens, 
than  to  the  conciliatory  disposition  of  the  judge. 

"  Let  us  again  put  a  case,  hypothetically.  Suppose  the  presi 
dent  and  three  associate  judges,  being  of  the  same  political  party, 
make  an  agreement  that  the  president  shall  deliver  all  'extra 
matter'  to  a  grand  jury ;  and,  in  pursuance  of  this  agreement,  he 
eulogizes  one  party  at  the  expense  of  the  other ;  shall  a  judge 
belonging  to  that  other  party  be  doomed  to  sit  in  silent  anguish, 
while  he,  his  friends,  and  copatriots  are  vilified  and  traduced 
without  just  cause?  Must  he  listen  patiently  to  the  commenda 
tion  of  measures  which  he  condemns,  and  to  the  arraignment  of 
motives  which  he  approves  ?  In  short,  must  he  exhibit,  from 
time  to  time,  the  culprit,  and  not  the  judge,  upon  the  bench  ; 


84  LIFE    OF  A.  J.  DALLAS. 

while  the  political  charges  of  the  president,  acting  uniformly  and 
constantly  on  the  public  mind,  like  drops  of  water  continually 
falling  on  the  same  spot,  work  a  deep  impression  ?  or  like  the 
influence  of  a  stone  upon  the  smooth  surface  of  a  lake,  extending 
circle  beyond  circle  from  the  jury  and  auditors  to  their  families, 
their  neighbors,  and  their  distant  acquaintances,  until  the  whole 
community  is  affected  by  the  political  tendencies  of  the  judicial 
politician  ? 

"It  is  said  by  Lord  Bacon,  'that  the  best  law  is  that  which 
leaves  the  least  liberty  to  the  judge;  and  he  is  the  best  judge 
who  takes  the  least  liberty  to  himself.'  True, -in  the  present 
instance,  the  law  left  no  liberty  to  the  judge  to  address  grand 
juries  on  points  foreign  to  the  ends  of  their  institution  ;  but  it  is 
equally  true  that  the  judge  assumed  more  power  than  was  ever 
contemplated  to  be  given  to  a  court,  much  less  to  an  individual 
magistrate." 

On  this  particular  topic,  we  will  restrict  ourselves  to 
a  single  other  extract.  It  is  not  alone  condemnatory  of 
"judicial  politicians;"  it  manifestly,  though  covertly, 
exults  in  the  success  of  the  very  cause  which  the  defend 
ant  had  desecrated  the  bench  by  repeatedly  assailing; 
and,  avoiding  a  revulsion  of  feeling  which  might  he  pro 
voked  by  too  much  triumph,  it  brings,  with  equal  brevity 
and  skill,  the  whole  weight  of  that  cause  to  bear  upon  the 
minds  of  the  senators  whom  he  addressed. 

"We  will  not  go  into  a  detailed  examination  of  Mr.  Addison's 
charges  to  grand  juries  ;  but  it  is  evident  that  in  the  best  of 
them  he  largely  indulged  himself  in  speculative  points.  In  those 
instances,  however,  let  us  be  satisfied  in  reflecting  that  if  he  did 
no  good,  he  did  no  harm  ;  except,  indeed,  by  a  waste  of  that 
public  time,  of  which  he  was  so  parsimonious,  when  a  brother 
judge  wished  to  share  a  part.  Yet,  if  the  system  of  Mr.  Addi 
son's  charges  was  to  elevate  one  set  of  citizens  and  to  depress 
another,  fair  play  required  that  both  sides  of  the  question  should 
be  heard;  and  in  relation  to  the  'extra  matter,''  or  political  por 
tions  of  his  judicial  lectures,  it  was  unjust  and  dishonorable  to 
deny  to  Mr.  Lucas,  for  himself  and  his  friends,  the  opportunity 
of  vindication  and  reply.  If  Mr.  Addison  enjoyed  a  superior 
degree  of  learning,  and  a  more  extensive  sphere  of  influence,  his 
delinquency  was  proportionably  greater  in  the  abuse  of  his 
official  trust,  to  disseminate  party  politics,  and  to  excite  domestic 
animosity.  Nay,  the  topics  of  the  president's  charges  were  often 
treason  against  the  vital  principle  of  our  government.  A  repre 
sentative  republic  must  languish  and  expire  if  the  source  of  its 


LIFE    OF  A.  J.  DALLAS.  85 

life  and  duration,  the  right  of  election,  shall  be  poisoned,  or  cut 
off,  or  brought  into  contempt.  When,  therefore,  the  presiding 
judge  inveighed  against  the  issue  of  the  general  elections,  as 
symptoms  of  popular  corruption,  he  attempted  in  effect  to  under 
mine  the  confidence  and  attachment  of  the  citizens  in  the  repub 
lican  institution^  which  they  had  established ;  and  as  far  as  in 
him  lay  sought  to  subvert  what  he  had  sworn  to  support.  When 
such  an  attempt  is  made  by  an  allusion  to  the  influence  of  the 
Illuminati,  Jacobins,  Democrats,  and  secret  societies  upon  our 
elections,  he  ought  to  be  corrected,  and  the  manner  in  which 
Judge  Lucas  attempted  to  correct  him  was  certainly  not  too 
severe  for  the  occasion.  We  have  heretofore  heard  the  tocsin  of 
alarm  sounded ;  tales  of  plots  and  conspiracies  have  been  anx 
iously  fabricated  and  circulated  by  '  the  friends  of  order  and  good 
government ;'  and  our  women  and  children  have  been  terrified 
with  the  impending  horrors  of  taylors,  tubs,  clues !  Nay,  the 
very  letters  of  the  alphabet  have  been  marshalled  against  the 
peace  of  the  community ;  and  X,  Y,  and  Z  were,  for  awhile, 
the  symbols  of  corruption  and  outrage,  of  foreign  hostility,  and 
of  domestic  discord.  But  these  bubbles  have  vanished  into  air, 
'  thin  air  ;'  the  mask  has  been  torn  from  the  face  of  the  impostor, 
and  the  triumphs  of  the  republicans  have  produced  nothing  which 
patriotism  or  humanity  can  deprecate  or  deplore.  But  if  the 
State  of  Pennsylvania  deserved  to  be  denounced  by  Mr.  Addison 
for  the  result  of  the  elections  of  1799,  which  only  gave  a  majority 
of  five  thousand  votes  in  opposition  to  his  wishes,  what  must  be 
the  depravity  and  degradation  to  which  her  citizens  have  since 
sunk,  when  we  find  that  the  majority  in  180^  has  swelled  to  the 
unprecedented  amount  of  thirty  thousand  1" 

One  of  the  difficulties  in  this  impeachment,  and  prac 
tically  that  which  required  much  dexterity  to  surmount, 
lay  in  the  really  light  and  colloquial  circumstances  which 
constituted  the  overt  acts  of  wrong.  To  give  gravity  to 
these  incidents,  to  magnify  their  import,  and  so  to  pre 
vent  their  being  dismissed  as  trivialities,  called  for  more 
than  ordinary  effort  and  tact.  How  Mr.  Dallas  managed 
this  portion  of  his  task  will  be  seen  more  distinctly  than 
it  has  yet  been  seen  in  the  fragment  we  next  introduce. 
The  picture  with  which  the  orator  closes  is  masterly  in  its 
coloring  and  in  its  minute  details.  It  is  impossible  not 
to  see,  as  if  actually  occurring,  the  humiliation  and  ex 
pulsion  of  the  associate,  the  chuckling  audience,  and  the 
contemptuous  and  victorious  president;  we  sympathize 
with  the  wounded,  and  we  follow  his  dejected  figure  as 
he  steps  down  from  the  bench  and  slowly  retreats  to  the 


86  LIFE    OF  A.  J.  DALLAS. 

door;  and  then,  as  he  disappears,  we  are  roused  to  the 
consciousness  that,  in  a  sneer,  a  taunt,  and  a  smile,  the 
temple  and  the  votaries  of  justice  have  been  degraded  by 
lawless  arrogance  and  outrage. 

"  I  have  reached  that  stage  of  the  discussion  which  calls  for 
some  caution  to  prevent  a  departure  from  the  moderation  that  I 
have  prescribed  to  myself.  We  have  seen  a  judge  degraded  and 
a  court  violently  dissolved;  but  it  remained,  to  stimulate  an 
honest  indignation,  that  a  magistrate's  functions,  duties,  and 
rights  should  be  superseded  and  annihilated,  under  the  terrors  of 
a  threat,  delivered  in  open  court,  by  his  brethren  of  the  bench ! 
The  lumber  of  our  professional  libraries  contains,  we  know,  much 
absurdity;  but  this  affords  no  ground  for  reflection  on  the  law 
itself,  which  is  a  system  of  refined  common  sense,  adapted  to  the 
various  conditions,  situations,  and  pursuits  of  mankind.  Thus 
the  difference  of  time  and  place  makes  often,  in  law  and  reason, 
an  essential  difference  in  the  delinquency  and  punishment  of  an 
offensive  act.  The  giving  the  lie  in  a  street,  or  a  tavern,  is  a 
breach  of  good  manners,  and  generally  terminates  in  a  personal 
rencontre,  yet  it  is  not  an  offence  in  the  law ;  but  if  the  same 
indecorous  expression  be  pronounced  within  the  precincts  of  a 
court  of  justice,  its  consequences  are  highly  penal.  A  blow 
given  in  the  highway  is  a  mere  misdemeanor ;  but  if  given  in 
Westminster  Hall  it  has  been  regarded  as  a  species  of  treason. 
Let  us  apply  the  principle  of  this  determination  to  the  present 
case.  If  a  private  citizen,  in  a  private  room,  were  to  threaten 
a  judge  for  any  part  of  his  conduct  in  court,  such  a  threat,  all 
will  agree,  would  be  greatly  reprehensible  ;  and  yet  how  venial 
it  is  compared  with  the  fact  that  one  judge  has  threatened  an 
other  judge  sitting  on  the  same  bench,  in  open  court,  for  an 
attempt  to  exercise  what  is  now  an  acknowledged  right !  State 
the  defence  of  Mr.  Addison  as  involving  a  proposition,  that  two 
judges  of  the  court  may  lawfully  commit  the  third  judge  to 
prison  for  attempting  to  express  an  opinion  on  any  subject  be 
fore  the  court,  and  what  mind  can  yield  its  assent  ?  Then,  where 
is  the  distinction  between  the  actual  commitment  which  removes 
the  judge  from  the  bench,  and  the  menace  of  the  commitment 
which  awes  him  into  silence  while  he  remains  there  ?  Hardly 
would  it  appear  a  greater  outrage  to  me  if,  instead  of  sending 
the  judge  to  jail,  or  threatening  to  send  him  thither,  the  president 
had  boldly  struck  him  from  his  seat. 

"  It  is  true,  sir,  that  the  terms  of  the  threat  uttered  by  Mr. 
Addison  were  not  expressly  that  he  would  send  Mr.  Lucas  to 
jail ;  but  this  was  its  natural  and  necessary  import.  The  wit 
nesses  use  different  words,  but  they  concur  in  substance  that 
Mr.  Addison  ordered  Judge  Lucas  to  be  silent,  and  declared  that 


LIFE    OF  A.  J.  DALLAS.  87 

if  he  did  not  desist  from  the  attempt  to  speak  the  court  would 
find  means  to  make  him.  What  are  the  coercive  instruments  of 
a  court  in  any  instance  of  contempt  of  its  authority  ?  Fine  and 
imprisonment.  It  would  be  a  pitiful  subterfuge  to  say  that  the 
president  intended  merely  to  direct  the  grand  jury  to  withdraw, 
for  he  might,  with  equal  effect,  have  done  so  in  the  morning ; 
and  certainly,  if  nothing  more  was  intended,  he  might  then  have 
given  the  direction  at  once  without  the  addition  of  the  threat. 
The  pride,  if  not  the  candor,  of  the  defendant  will  prevent  his 
resorting  to  so  palpable  an  evasion.  Nor  will  it  answer  his  pur 
pose  to  allege  that  he  meant  to  coerce  Mr.  Lucas  by  the  imposi 
tion  of  a  fine  only ;  that  would  be  as  unlawful  as  a  commitment 
to  prison,  and  the  means  would  not  be  suited  to  the  end,  since 
a  fine  might  operate  as  a  punishment  for  speaking,  but  could 
not  operate  as  a  gag  to  make  him  hold  his  tongue.  The  com 
mitment  to  jail,  therefore,  was  the  threat.  Such  was  the  in 
terpretation  of  the  words  in  the  mind  of  Judge  Lucas,  and  the 
effect  upon  his  conduct  was  in  perfect  correspondence  with  it. 
He  sunk,  mortified,  dejected,  and  confused  upon  his  seat;  he 
paused  for  a  moment's  reflection  and  self-collection  ;  he  trembled 
at  the  disgraceful  and  injurious  conflict  which  must  inevitably 
ensue  if  he  longer  asserted  his  rights ;  he  saw  his  character  and 
usefulness  as  a  judge  completely  destroyed.  With  shame  and 
affliction  he  retired  from  the  court,  and  the  bench  and  the  bar, 
the  jury  and  the  audience,  united  in  a  laugh  of  triumph,  a  sar 
castic  smile,  in  which  (says  Mr.  Gazzan)  I  was  sorry  to  observe 
the  president  take  a  conspicuous  part !" 

Judge  Addison  replied  in  person,  with  much  ability 
and  force.  He  was  answered  briefly  by  Mr.  Joseph  B. 
McKean  in  support  of  the  impeachment.  The  trial  began 
on  the  17th  of  January,  and  consumed  an  entire  week.  On 
the  26th  of  January,  the  question  was  taken  in  the  Senate 
on  the  articles  jointly  in  the  following  form:  "  Is  Alex 
ander  Addison  guilty  or  not  guilty  of  the  charges  con 
tained  in  the  articles  of  accusation  and  impeachment 
exhibited  against  him  by  the  House  of  Representatives?" 
Twenty  members  replied  "Guilty,"  and  four  ''Not 
guilty." 

Mr.  Dallas  had,  with  a  just  forbearance,  argued  that  the 
terms  of  the  constitutional  provision  prescribing  that  "  the 
judgment  shall  not  extend  further  than  removal  from 
office  and  disqualification  to  hold  any  office  of  honor, 
trust,  or  profit  under  this  Commonwealth,"  amounted  to 
a  limitation,  and  not  to  a  grant  of  power ;  that  the  Senate, 


88  LIFE    OF  A.  J.  DALLAS. 

therefore,  possessed  a  discretion  to  apportion  the  punish 
ment  to  the  degree  of  the  offence,  and  might  modify  their 
sentence,  on  conviction,  either  to  a  simple  removal  or  to 
a  removal  and  a  disqualification  to  hold  any  judicial  office. 
This  view  was  embraced  by  Mr.  Addison,  and  by  him  re 
called  to  the  mind  of  the  Senate,  in  a  letter  addressed  to 
that  body  immediately  after  they  had  voted  ;  and  accord 
ingly,  on  the  succeeding  day,  was  formally  pronounced  by 
the  Speaker  a  judgment  of  removal  and  also  a  disqualifica 
tion  "  to  hold  and  exercise  the  office  of  judge  in  any  court 
of  law  within  the  Commonwealth  of  Pennsylvania." 

V.  Perhaps  a  still  greater  detail  of  the  professional 
exertions  of  Mr.  Dallas"  might  enable  some  readers  of  this 
sketch  to  form  a  fuller  and  more  accurate  conception  of 
his  legal  attainments,  and  of  his  ability  and  attractiveness 
as  a  forensic  speaker.  The  occasions  were  numberless, 
and  their  features  infinitely  various.  Bat  as  this  is  not 
the  aspect  of  his  character  which  interests  the  present 
age  or  posterity,  further  elaboration  upon  it  would  proba 
bly  be  unwelcome.  Let  us  restrict  ourselves,  therefore, 
to  one  or  two  additional  cases;  and  first,  that  of  the  im 
peachment  of  Edward  Shippen,  Chief  Justice,  Jasper  Yeates 
and  Thomas  Smith,  Assistant  Justices  of  the  Supreme  Court 
of  Pennsylvania;  which,  after  the  loss  of  three  years  in 
preliminary  movements  before  the  House  of  Representa 
tives,  reached  the  stage  of  trial  in  the  Senate,  sitting  at 
Lancaster,  on  the  7th"of  January,  1805. 

The  public  functionaries  formally  arraigned  by  the 
popular  branch  of  the  government  for  misdemeanor  in 
office  were  universally  known  in  the  State,  were  advanced 
in  years,  were  of  acknowledged  learning,  and  of  unques 
tioned  purity  of  life.  They  were  charged  with  a  single 
"arbitrary  and  unconstitutional"  act,  to  wit,  sentencing 
Thomas  Passmore  to  imprisonment  for  thirty  days  and  a 
fine  of  fifty  dollars  for  a  "  supposed  contempt"  in  libellously 
posting  at  a  frequented  coffee-house,  in  the  city  of  Phila 
delphia,  one  of  several  defendants,  against  whom  he  had 
previously  instituted  an  action  within  their  judicial  cogni 
zance.  The  article  of  impeachment  briefly  set  forth  the 
facts  on  which  it  was  founded,  but  abstained  from  any 
imputation  whatever,  direct  or  inferential,  of  corruption, 
venality,  cruelty,  or  malice.  It  is  quite  clear  that  the 
irritated  complainant  must  have  failed  in  his  appeal  to 


LIFE   OF  A.  J.  DALLAS.  89 

the  legislature  for  redress  or  revenge,  had  he  not  fortu 
nately,  and  perhaps  even  to  himself  unexpectedly,  fallen 
upon  a  condition  of  speculative  and  party  politics  in  that 
body  auspicious  to  his  aim.  The  occurrence  for  which 
he  claimed  the  infliction  of  punishment  might  possibly 
be  regarded  as  an  error  of  judgment :  that  alone,  however, 
could  not  sanction  a  proceeding  by  impeachment:  but  it 
presented  nevertheless  a  distinct  occasion  for  parading 
certain  theories  or  prejudices  warmly  urged  ana  rapidly 
advancing  to  the  controlling  influence  they  subsequently 
exercised. 

Many  of  the  most  active  and  prominent  politicians  of 
Pennsylvania  conceived  that  the  revolutionary  principles 
which  achieved  a  separation  from  the  British  crown  were 
yet  imperfectly  carried  out.  They  wished  for  more 
thorough  and  practical  changes  in  every  department  of 
public  agency.  The  constitutions  of  1776  and  1790  were 
half-way  measures,  halting  under  the  interpretations  given 
them  by  courts  and  counsel.  The  broad  substratum  of 
the  jurisprudence  of  the  Commonwealth  was  still  in  fact, 
to  their  disquiet  and  disgust,  the  common  law  of  England. 
Their  independence  was  incomplete  or  illusory.  They 
ascribed  to  judges  and  lawyers  a  spiritless  inability  to 
quit  the  routine  of  precedents  set  in  Westminster  Hall, 
and  push  the  new  and  elevating  doctrines  to  their  logical 
results.  Judges  and  lawyers,  therefore,  had  become  tar 
gets  at  which  to  aim:  compulsory  suits  were  if  possible 
to  be  superseded  by  arbitration  :  and  the  citation  of  Brit 
ish  adjudications,  made  subsequent  to  the  4th  of  July, 
1776,  was  to  be  peremptorily  forbidden. 

The  trial  opened  with  due  solemnity  by  a  speech  from 
Mr.  Nathaniel  B.  Boileau,  the  principal  manager  on  the 
part  of  the  House  of  Representatives,  a  gentleman  of 
French  descent,  of  considerable  adroitness  and  talent, 
who  was  rising  fast  on  the  political  horizon,  and  after 
wards  became  secretary  of  the  Commonwealth  under  Gov 
ernor  Snyder.  The  prosecution  had  the  aid  of  Mr.  Caesar 
A.  Rodney,  an  eminent  member  of  the  Delaware  bar,  at 
that  time  the  Attorney-General  of  the  United  States,  by 
selection  of  President  Jefferson.  Mr.  Dallas  and  Mr. 
Jared  Ingersoll  were  enlisted  by  the  accused  to  conduct 
the  defence.  Twenty  days,  as  well  afternoon  as  morning, 
were  consumed  in  the  examination  of  witnesses  and  the 

f 


90  LIFE    OF  A.  J.  DALLAS. 

arguments  on  both  sides.  On  the  28th  of  January,  1805, 
the  Speaker  of  the  Senate  announced  from  the  chair  to 
the  chief  justice  and  his  associates  that  they  were 
acquitted:  the  vote  previously  taken  on  the  question, 
"Are  the  judges  guilty  or  not  guilty  as  charged  in  the 
impeachment?"  having  stood  13  for  guilty  and  11  for  not 
guilty,  and  the  constitution  requiring  for  conviction  the 
concurrence  of  two-thirds. 

The  junior  counsel  for  the  venerahle  accused  made  on 
this  occasion  what  cannot  but  be  considered,  notwith 
standing  the  imperfection  of  the  stenographic  report 
which  has  brought  it  down  to  us,  one  of  his  most  power 
ful  addresses.  During  four  entire  days  he  pressed  with 
unfaltering  vigor  upon  the  tribunal,  a  majority  of  whose 
members  he  knew  to  be  unfavorable,  a  copiousness  of 
learning,  an  aptness  of  illustration,  and  a  directness  of 
reasoning,  altogether  overwhelming.  Even  his  legislative 
adversary,  Mr.  Boileau,  in  replying,  exclaimed,  <k\Vhen  I 
behold  the  mass  of  books  under  which  the  floor  of  the 
house  groans,  I  am  reminded  of  the  giants  of  old,  piling 
mountains  upon  mountains  in  order  to  reach  the  skies 
and  hurl  Jupiter  from  his  throne." 

The  line  of  argument  boldly  and  justly  confronted  the 
political  prepossessions  which  have  been  adverted  to. 

1.  A  contempt  of  court  is  technically  an  offence, — not 
against  personal  feeling,  but  against  the  administration 
of  justice,  and  exacts  summary  process. 

2.  This  summary  process  is  derived  from  the  common 
law, — every  country  has  its  common  law. 

3.  The  common  law  of  England  was  brought  over  with 
them  by  the  original  settlers  of  Pennsylvania,  as  far  as 
it  was  applicable  to  their  new  situation,  and  is  our  birth 
right  and  inheritance.     It  is  declared  to  be  a  part  of  our 
law  by  legislative  acts  and  judicial  decisions. 

"  I  repeat,  that  in  Pennsylvania,  we  should  have  no  security 
for  our  persons,  our  property,  our  reputation,  and  the  regular 
proceedings  of  courts  of  justice,  without  the  common  law.  The 
constitution  of  Pennsylvania,  sir,  would  be  a  dead  letter  with 
out  the  expository  power  of  the  common  law.  That  constitu 
tion  says  that  '  every  man  for  injury  done  him  in  his  property, 
person  or  reputation  shall  have  remedy  by  due  course  of  law  :' 
and  I  aver  with  confidence  that  this  provision  can  never  be  of 
any  avail  without  the  auxiliary  of  the  common  law.  All  wants 


LIFE    OF  A.  J.  DALLAS.  91 

are  to  be  supplied,  all  grievances  redressed,  but  how  ?  Unless  it 
be  left  to  the  common  law  to  expound,  it  is  utterly  unintelligible 
and  impracticable.  Suppose  a  man  attempts  to  put  you  out  of 
your  estate  '  by  due  course  of  law,'  hoiv  is  he  to  attempt  it  ? — by 
the  common  law.  How  are  you  to  defend  your  estate  ? — by  the 
common  law.  How  are  you  to  get  satisfaction  for  an  assault  and 
battery  ? — by  the  common  law.  Suppose  a  man  libels  my  repu 
tation,  the  dearest  thing  in  life  :  nay,  the  man  who  does  it  does 
something  worse  than  take  from  me  my  life:  how  am  I  to  seek 
for  redress? — by  the  common  law.  There  is  no  act  of  Assembly 
for  it:  the  common  law  alone  entitles  me  to  redress." 

4.  How  are  we  to  acquire  a  knowledge  of  this  common 
law? — by  the  books,  or,  as  Mr.  Jefferson  called  them, 
"  usual  monuments,"  wherein  it  is  registered. 

5.  These  books  view  the  act  of  Passmore,  although 
committed  out  of  court,  as  a  contempt  at  common  law, 
punishable  by  attachment,  fine,  and  imprisonment. 

6.  Neither  of  the  constitutions  of  1776  or  1790  contains 
anything  in  letter  or  spirit  incompatible  with  or  annulling 
this  current  of  legislation  and  judicial  decision.     "Trial 
by  jury  as  heretofore,"  and  "No  man  can  be  deprived  of 
his  liberty  or  property  without  the  judgment  of  his  peers 
OR  the  law  of  the  land,"  are  fundamental  maxims,  in  no 
degree  violated  by  the  summary  treatment  of  contempts. 

These  propositions  were  severally  elucidated  with  great 
research,  and  enforced  by  all  the  power  of  argumentative 
ability  and  eloquence.  They  rescued  the  clients  of  Mr. 
Dallas  from  a  painful  and  perilous  predicament;  and  it 
may  confidently  be  said  that  they  established,  in  relation 
to  the  source,  composition,  and  character  of  the  law  of 
Pennsylvania,  a  conviction  never  since  shaken. 

The  impeachment,  however,  though  formally  a  failure, 
in  reality  attained  the  objects  of  those  by  whom  it  had 
been  planned.  It  was  a  means  of  ventilating  and  incul 
cating  certain  extreme  doctrines.  In  truth,  there  was 
very  little  sympathy  for  Thomas  Passmore,  though  much 
was  loudly  professed;  and  as  to  the  fate -of  the  judges, 
indifference  prevailed.  The  rising  malcontents  had  their 
field-day,  exhibited  an  imposing  ascendency  in  both  legis 
lative  chambers,  and,  through  the  speeches  of  Messrs. 
Rodney  and  Boileau,  spread  an  ad  captandum  gloss  over 
their  peculiar  views.  The  trial  had  scarcely  closed,  when 
they  felt  themselves  strong  enough  to  summon  a  caucus, 


92  LIFE    OF  A.  J.  DALLAS. 

to  scheme  an  attack  upon  "the  stern  Trojan,"  Thomas 
McKean,  the  actual  chief  magistrate,  to  systematize  serious 
changes  in  the  existing  constitution,  to  clamor  against 
the  sophistries  and  pretensions  of  lawyers,  and  to  nomi 
nate  as  their  candidate  for  the  office  of  governor,  to  he 
supported  at  the  election  in  October  following,  Mr.  Simon 
Snyder,  then  Speaker  of  the  House  of  Representatives. 

To  counteract  so  bold  and  threatening  a  movement,  it 
was  thought  necessary  to  arouse  and  organize  for  com 
bined  action  all  the  citizens  of  Pennsylvania,  without 
regard  to  their  established  party  lines,  who  deprecated 
ultra  and  illiberal  measures.  Hence  sprung  our  "  TERTIUM 
QUIDS,"  or,  for  brevity's  sake,  the  Quids, — a  phalanx, 
self-named  Constitutional  Republicans,  composed  equally 
of  Democrats  and  Federalists,  united  for  a  short  campaign 
only  and  for  a  single  object  of  common  interest. 

As  soon  as  the  association  was  formed  in  Philadelphia, 
about  the  beginning  of  March,  1805,  resolutions  preparing 
the  way  for  an  explanation  of  their  motives  and  purposes 
were  adopted,  and  a  numerous  committee  of  correspond 
ence  appointed,  whose  names  conciliated  respect  and 
confidence.  They  were  "  Alexander  James  Dallas,  Wil 
liam  Jones,  George  Logan,  Richard  Bache,  Sr.,  Peter 
Muhlenberg,  Samuel  Miles,  Samuel  Wetherill,  Sr.,  Jona 
than  Bayard  Smith,  Peter  S.  Duponceau,  Guy  Bryan, 
Chandler  Price,  Edward  Ileston,  James  Gamble,  and 
Manuel  Eyre,  Sr."  These  gentlemen  were  instructed, 
"  in  order  to  ascertain  fairly  the  deliberate  and  authori 
tative  sense  of  the  majority  of  the  people  of  Pennsylvania, 
to  prepare  and  publish  a  memorial  and  remonstrance  to 
the  legislature  against  the  existing  project  of  calling  a 
State  convention,  and  to  express  only  such  sentiments 
and  language  in  that  memorial,  directed  to  that  single 
object,  as  may  be  honorably  subscribed  by  every  citizen 
of  the  State,  who  is  opposed  to  the  project,  whatever  may 
be  his  party  attachments,  prejudices,  or  principles." 

Mr.  Dallas,  as  chairman  of  this  committee,  discharged 
its  duties  with  indefatigable  perseverance,  transmitting  a 
memorial  to  the  legislature  without  loss  of  time,  address 
ing,  in  the  early  part  of  June,  his  fellow-citizens  at  great 
length  in  a  paper  esteemed  to  be  one  of  the  happiest  and 
most  forcible  productions  of  his  pen  (Appendix  JVo.  3),  and 
maintaining  with  every  town  and  count}^  of  the  State 


LIFE   OF  A.  J.  DALLAS.  93 

an  unremitting  and  vigorous  correspondence  daring  the 
whole  of  that  summer.  He  was  earnestly  seconded  by 
popular  meetings  in  all  directions,  and  his  labors  were 
amply  rewarded  by  the  abandonment  of  the  project  of  a 
convention  and  by  the  re-election  of  McKean. 

The  circumstances  just  recited  seemed  so  linked  with 
the  impeachment  of  the  judges  that  it  has  been  thought 
best  to  overlook  the  irregularity  of  their  being  told  slightly 
in  advance  of  the  narrative. 

Mr.  Dallas  had  accepted  from  Mr.  Jefferson  the  ap 
pointment  of  District  Attorney  of  the  United  States  on  the 
10th  of  March,  1801.  He  was  then  secretary  of  the  Com 
monwealth,  recommissioned  as  such  by  Governor  McKean 
in  1799.  On  his  withdrawal  from  the  secretaryship,  de 
layed  only  by  an  embarrassment  as  to  his  successor,  two 
mutually  kind  and  respectful  notes  were  interchanged, 
which,  as  attesting  what  he  depicts  to  be  aan  interesting 
act  of  his  life,"  are  entitled  to  a  place  here. 

To  Ms  Excellency,  Thomas  McKean,  Governor  of  Pennsylvania. 

April  24,  1801. 

"MY  DEAR  SIR, — The  business  of  the  attorney  of  the  Eastern 
District  has  so  increased  that  I  was  ashamed  to  trouble  Mr. 
Ingersoll  with  it,  and  consequently  I  heard  with  pleasure  that 
you  had  fixed  upon  a  successor  to  me  in  the  office  of  secretary 
of  the  Commonwealth.  Mr.  Trimble  will  probably  be  here  on 
Tuesday,  and  I  mean  to  enter  on  the  duties  of  my  new  appoint 
ment  next  Monday  or  Tuesday.  Be  so  good,  therefore,  as  to 
consider  this  letter  a  resignation  of  the  commission  which  I  have 
had  the  honor  to  hold  under  your  administration.  The  records 
and  accounts  of  the  executive  department  are  left  with  Mr. 
Trimble  in  complete  order. 

"  There  are  many  considerations  that  render  this  an  interesting 
act  of  my  life.  The  flattering  manner  in  which  the  office  of 
secretary  was  originally  conferred  on  me  by  Governor  Mifflin, 
the  cordiality  with  which  you  continued  me  in  the  station,  the 
consciousness  of  having  endeavored,  for  a  period  of  eleven  years, 
faithfully  to  discharge  an  important  public  trust,  and  the  reflec 
tion  that  the  fury  of  party,  while  it  assailed  me  in  every  other 
quarter,  has  never  found  or  fabricated  a  pretext  to  arraign  my 
official  conduct, — are  sources  of  pride  and  pleasure  that  will 
enliven  the  success,  or  alleviate  the  disappointment,  of  every 
future  scene. 

"  Though  our  official  separation  is  at  this  time  unavoidable,  be 


94  LIFE    OF  A.  J.  DALLAS. 

assured,  sir,  that  I  never  can  feel  indifferent  to  your  honor  and 
your  happiness.  As  a  professional  man,  as  a  public  man,  and  as 
a  private  man,  my  respect  and  attachment  have  been  uniform, 
disinterested,  and  unequivocal ;  and  I  claim  from  you,  as  the 
best  proof  of  a  reciprocal  sentiment,  frequent  opportunities  to 
evince  the  sincerity  of  these  declarations. 

"  I  am,  dear  sir,  your  faithful  friend  and  servant, 

"A.  J.  DALLAS." 

REPLY. 
Alexander  James  Dallas,  Esq. 

"  PHILADELPHIA,  April  26,  1801. 

"  MY  DEAR  SIR, — I  received  your  favor  of  to-day,  expressing 
your  resignation  of  the  office  of  secretary  of  the  State  of  Penn 
sylvania. 

"  When  I  reflect  on  your  assiduous,  able,  and  faithful  discharge 
of  that  arduous  trust  for  the  last  eleven  years, — years  teeming 
with  difficulties,  tumults,  and  anxieties  that  have  rarely  been 
exceeded  in  this  or  any  other  country  ;  that  you  have  passed  over 
ground  before  untrodden,  and  have  finished  your  career  with 
honor  to  yourself  and  reputation  to  the  governors  with  whom 
you  have  acted  :  when  I  reflect  on  your  disinterested  attach 
ment  to  my  person  and  your  avowed  regard  for  my  public  and 
private  character:  when  I  consider  the  loss  Pennsylvania  will 
sustain  by  your  relinquishment  of  this  office,  and  am  perfectty 
sensible  that  I  cannot  supply  the  post  with  an  equal,  it  cannot 
be  concealed  that  I  part  with  you  not  only  with  reluctance  but 
the  greatest  regret. 

"  Your  affectionate  expressions  of  friendship  and  that  your  as 
sistance  on  occasion  will  not  be  wanting,  notwithstanding  our 
official  separation  for  the  present,  the  advancement  of  your  hap 
piness  which  I  profess  to  have  at  heart,  and  a  sincere  wish  for 
the  advancement  of  justice  and  to  promote  the  ease  and  honor  of 
Mr.  Jefferson's  administration,  impress  it  as  a  duty  upon  me  to 
acquiesce  in  the  loss  of  such  a  coadjutor.  From  my  soul  I  wish 
you  comfort  and  prosperity  in  your  new  station,  and  every  other 
to  which  your  merit  may  raise  you. 

"Accept  the  friendship  and  a  tender  of  the  best  services  of, 
dear  sir,  your  most  obliged  and  obedient  humble  servant, 

"  THOS.  McKEAN." 

VI.  The  only  other  illustration  of  professional  ability  and 
skill  which  it  is  deemed  necessary  not  wholly  to  overlook, 
occurred  several  years  after  Mr.  Dallas  had  assumed  the 
office  of  District  Attorney  of  the  United  States,  and  but  five 


LIFE   OF  A.  J.  DALLAS.  95 

years  before  his  entry  into  the  Treasury  Department  at 
Washington  at  the  invitation  of  President  Madison.  This 
controversy  was  very  ancient  and  complicated,  had  as 
sumed  many  shapes  successively,  and  in  the  end  found  its 
way  into  the  circuit  court  of  the  United  States  on  the  trial 
of  a  criminal  indictment.  It  ranged,  unsettled,  from  the 
revolutionary  epoch  of  1778  to  the  constitutional  one  of 
1809,  and  finally,  by  furnishing  occasion  to  sweep  through 
its  channel  of  progress,  elicited  a  discussion  of  extreme 
interest  on  conflicting  principles  of  fundamental  politics. 

During  the  war  certain  prisoners,  captured  by  the 
British,  were  placed  on  board  of  a  sloop  called  the  Active, 
and  were  ordered  to  be  transported  from  Jamaica  to  New 
York.  Among  these  was  Gideon  Olmstead.  On  the 
voyage,  the  prisoners  rose,  and,  headed  by  Olmstead,  took 
command  of  the  vessel,  confined  the  officers,  crew,  and 
passengers  in  her  cabin,  and  steering  for  a  friendly  port, 
had  nearly  reached  one,  when  a  Penns}4vania  brig,  Cap 
tain  Houston,  overhauled  them,  seized  the  sloop  as  prize, 
took  her  to  Philadelphia,  and  there  libelled  her  in  admi 
ralty  under  a  statute  of  the  Commonwealth.  Olmstead  and  his 
companions  filed  their  claims  for  both  vessel  and  cargo, 
resisting  the  pretension  that  they  had  not  completely  sub 
dued  the  enemy  when  Houston  came  up.  The  jury  who 
tried  the  cause  found  a  general  and  unexplained  verdict, 
giving  to  Olmstead  and  his  associates  only  one-fourth,  and 
the  remaining  three-fourths  to  their  opponents.  On  ap 
peal  to  the  court  of  appeals  established  by  Conr/ress,  this  sen 
tence  was  reversed,  the  entire  prize  decreed  to  Olmstead 
and  his  associates,  and  the  court  of  admiralty  directed  to 
effect  sale  and  to  pay  the  proceeds  accordingly. 

The  competency  of  the  superior  jurisdiction  thus  exer 
cised,  that  is  to  say,  in  setting  aside  the  verdict  of  a  jury 
and  in  prescribing  a  wholly  different  judgment  and  dis 
tribution,  was  disputed  by  the  court  below.  The  judge 
of  that  tribunal,  instead  of  conforming  to  the  mandate 
from  above,  disregarded  it,  received  himself  the  proceeds 
of  the  marshal's  sale,  and  paid  over  to  the  treasurer  of 
Pennsylvania,  Mr.  David  Rittenhouse,  so  much  thereof  as 
had  been  originally  awarded  to  the  Commonwealth  by  the 
jury,  taking  a  bond  of  indemnity  in  which  the  obligor  was 
described  as  treasurer,  and  as  accepting  the  fund  for  the 
use  of  the  State.  This  fund  was  in  fact  in  the  form  of 


96  LIFE   OF  A.  J.  DALLAS. 

loan  office  certificates,  which,  upon  the  death  of  Mr.  Eit- 
tenhouse,  came  into  the  possession  of  his  representatives 
Mrs.  Sergeant  and  Mrs.  Waters,  and  were  libelled  for  exe 
cution  by  Olmstead  under  the  decree  of  the  higher  court. 
This  libel,  too,  was  determined  in  his  favor,  in  January, 
1803.  It  was  shortly  after  this  that  the  legislature  of 
Pennsylvania  took  part  in  the  controversy  ;  but  it  was  not 
until  the  27th  of  February,  1809,  that  Governor  Snyder, 
watching  the  course  of  judicial  action,  deemed  it  his  duty 
to  maintain  the  rights  and  honor  of  the  State  by  executing 
the  enactment  and  calling  out  a  portion  of  the  militia  to 
protect  Mrs.  Sergeant  and  Mrs.  Waters  from  any  process  in 
the  hands  of  any  officer  under  the  direction  of  any  court 
of  the  United  States. 

Amid  very  great  local  excitement,  the  marshal,  with 
his  writ  of  attachment  in  his  hand,  and  anxious  peacefully 
to  execute  it  according  to  the  principle  of  forbearance 
advised  by  Mr.  Dallas,  was  nevertheless  forcibly  obstructed 
and  repelled  by  a  numerous  military  guard,  which  sur 
rounded  the  residence  of  the  ladies,  under  the  command 
of  General  Michael  Bright.  With  some  firmness,  much 
composure,  and  great  address,  he  penetrated  to  the  inte 
rior  of  the  house  and  effected  the  arrest. 

An  indictment,  founded  on  a  penal  act  of  Congress, 
against  Michael  Bright  and  eight  others  being  presented 
and  returned  by  the  grand  jury,  came  up  for  trial  in  the 
circuit  court  of  the  United  States  on  the  28th  April,  1809, 
before  judges  J3ushrod  Washington  and  Richard  Peters. 

Occasional  collisions,  in  federative  systems  of  govern 
ment,  between  the  local  and  the  general  authorities  are 
shown  by  all  history  to  be  unavoidable.  The  lines  which 
divide  the  spheres  of  action  are  on  the  borders  so  narrow, 
and,  under  the  fading  influences  of  time  become  so  indis 
tinct,  that  they  are  constantly  in  danger  of  being  practi 
cally  overstepped.  Such,  too,  is  the  infirmity  of  human 
Intellect  and  virtue,  that  an  aggression,  once  committed, 
never  lacks  defenders  or  apologists;  and  an  error  which 
quiet  good  sense  might  at  the  outset  have  rectified,  rapidly 
swells  into  a  noisy  and  impracticable  shibboleth  of  party. 
The  stand  taken  by  the  legislature  of  Pennsylvania  against 
the  rights  of  Olmstead,  and  the  course  of  judicial  appeal, 
was  untenable  ;  and  yet  it  was  perseveringly  bolstered  by 
legal  provisions  and  executive  conduct  for  many  years, 


LIFE    OF  A.  J.  DALLAS.  97 

until  it  finally  took  an  alarming  and  critical  aspect.     In 
opening  the  evidence,  Mr  Dallas  said  : 

"  When  the  grand  jury  found  this  indictment  a  true  bill,  what 
was  the  spectacle  exhibited  in  the  streets  of  Philadelphia,  what 
were  the  consequences  that  menaced  the  peace  of  the  city,  and 
what  were  the  feelings  that  agitated  every  patriotic  heart  ?  An 
armed  force,  raised  under  the  orders  of  the  governor  of  the  State 
to  resist  and  defeat  the  judicial  authority  of  the  Union;  a  mar 
shal  officially  compelled  to  summon  a  part  of  his  fellow-citizens 
to  oppose  with  force  another  part ;  and  the  authority  of  the 
United  States  in  action,  leading  to  the  result  of  arraying  the 
whole  power  of  the  confederation,  if  necessary,  in  arms,  against 
the  whole  power  of  one  of  its  members !  Not  only  the  inhab 
itants  of  Philadelphia,  but  every  citizen  of  every  State, — nay, 
every  friend  of  republican  liberty  throughout  the  world  must  be 
appalled  in  contemplating  so  momentous  a  crisis.  It  was  not 
simply  a  question  of  property,  a  question  of  jurisdiction,  or  a 
question  of  State  sovereignty  that  was  involved ;  but  the  great 
questions  which  are  so  interesting  to  mankind  seemed  to  be  at 
issue, — whether  a  free  government,  established  and  administered 
by  the  people  themselves,  can  possess  sufficient  energy  for  its 
own  preservation  ;  whether  the  republican  representative  sys 
tem  is  constructed  of  materials  fitted  for  stability  and  duration, 
and  whether  liberty,  driven  from  the  regions  of  Europe,  Asia, 
and  Africa,  shall  find  a  dwelling-place  on  the  face  of  the  terra 
queous  globe." 

The  solemnity  of  this  exordium  was  neither  exaggerated 
nor  misplaced.  Let  us  remember  that,  though  the  Con 
stitution  of  the  Union  had  been  in  operation  but  twenty 
years,  the  tendency  to  disregard  its  provisions  was  already 
thrice  and  seriously  manifested  in  Pennsylvania.  In  1794, 
an  insurrection  to  resist  an  excise  on  whiskey  stills;  in 
1799,  another  to  resist  a  mistakenly-called  window-tax; 
and  now  a  threatened  rebellion  to  secure  for  State  preten 
sions  a  supremacy  .expressly  conferred  upon  the  national 
jurisdiction.  This  last  was  far  the  most  formidable  and 
dangerous;  it  rested  vaguely  upon  the  popular  and  undis- 
criminating  doctrine  of  State  rights ;  the  sovereignty  of 
the  Commonwealth  seemed  enlisted;  the  executive  and 
both  branches  of  the  legislature  gave  it  countenance ;  it 
preceded  by  a  quarter  of  a  century  the  discontents  of 
South  Carolina,  and  yet  bore  all  the  worst  features  of 
nullification. 


98  LIFE   OF  A.  J.  DALLAS 

The  eloquent  and  patriotic  counsel  who,  as  we  are 
aware,  had  profoundly  explored  the  origin  and  structure 
of  the  American  Union,  and  reverenced  it  as  the  wisest 
of  human  works,  could  not  resist  this  suitable  opportunity 
to  press  its  excellence  upon  a  public  tribunal.  During 
the  subsequent  fifty  years  we  have  rejoiced  in  many  able 
commentaries  and  vindications;  but  the  lucid,  just,  com 
prehensive  and  powerful  exposition  given  by  Mr.  Dallas, 
in  advance  of  all  these,  merits  special  preservation.  No 
thing  can  do  equal  justice  to  the  purity  of  his  love  of 
country,  the  soundness  of  his  judgment,  and  the  clear 
richness  of  his  elocution ;  and  nothing  at  the  present 
epoch  of  strife  is  worthier  of  analysis  and  study.  We 
may  venture  on  extracts  of  unusual  length. 

"  In  the  management  of  the  prosecution  I  shall  not  step  aside 
to  arraign  the  policy  of  the  State  of  Pennsylvania,  nor  to  dero 
gate  from  the  character  of  her  magistrates.  To  assert  the  au 
thority  and  jurisdiction  of  the  United  States  it  may  be  necessary 
to  question  the  constitutionality  of  the  course  that  has  been 
pursued  in  Pennsylvania  and  to  demonstrate  the  errors  that  have 
been  committed  by  her  public  functionaries ;  but  it  can  never  be 
necessary  to  ascribe  an  improper  motive  to  human  actions  when 
the  fallibility  of  human  judgment  will  fairly  account  for  whatever 
is  or  seems  to  be  wrong;  and  it  is  in  the  capacity  of  a  private 
citizen,  not  in  the  office  of  a  public  prosecutor,  that  I  permit 
myself  to  deplore  and  to  deprecate  the  policy  of  the  State  gov 
ernment.  Even  under  the  opinion  that  Pennsylvania  has  erred, 
I  shall  speak  of  her  with  reverence  and  attachment.  My  remarks 
will  be  confined  to  the  evidence,  the  law,  and  the  principles  of 
the  case.  And  I  confidently  hope  that  the  event  of  the  discus 
sion,  so  far  from  disgracing  Pennsylvania,  will  be  the  instrument 
of  her  vindication,  restoring  her  to  the  high  and  merited  rank 
which  she  has  hitherto  enjoyed  among  the  sister  States. 

"  The  offence  charged  against  the  defendants  is  of  a  nature  as 
serious  as  any  that  can  be  charged  against  the  citizens  of  a  free 
government.  I  do  not  except  treason  as  it  operates  against  the 
government,  nor  murder  as  it  respects  an  individual.  In  its 
first  aspect,  indeed,  it  differs  from  those  crimes  ;  but  it  gradually 
assumes  the  front  of  treason,  and  murder  naturally  follows  in  its 
train.  Even,  however,  this  tendency  to  accumulate  guilt  is  not 
the  great  evil  and  danger  of  the  offence  to  which  I  now  advert. 
The  open,  bold,  and  ostensible  movements  of  treason — for  in 
stance,  the  levying  of  war  to  subvert  the  government,  or  to  sever 
the  territory  of  the  Union  by  the  range  of  the  Alleghany  or  the 
western  waters — will  always  present  an  object  which  the  vigi- 


LIFE   OF  A.  J.  DALLAS.  99 

lance  of  our  administration  may  readily  detect  and  the  power  of 
the  nation  will  certainly  defeat ;  but  if  a  resistance  to  the  regular 
operation  of  the  laws,  administered  through  the  medium  of  the 
courts  of  justice,  shall  pass  with  impunity  till  the  offence  becomes 
habitual  among  the  people,  the  disease  will  not  be  perceived  till 
it  is  incurable  ;  the  foundations  of  the  government  will  be  under 
mined  before  the  approach  of  danger  is  suspected,  and  the  fabric 
of  civil  liberty  which  the  valor  and  wisdom  of  your  patriots  have 
raised  will,  in  a  sudden  and  tremendous  fall,  overwhelm  you  with 
destruction  and  dismay.  Remember,  then,  I  pray  you,  that  the 
existence  of  the  government  depends  essentially  upon  the  exist 
ence  of  all  its  departments,  and  that  treason  in  arms  against  the 
executive  and  legislative  departments  cannot  be  more  certainly 
fatal  to  the  vital  principle  of  the  government  than  habitual  oppo 
sition  or  popular  contempt  manifested  toward  the  judicial  author 
ity.  This  is,  in  some  degree,  the  case  in  every  form  of  government, 
but  in  monarchical  governments  the  ready  assistance  of  military 
force  may  always  be  obtained  to  execute  the  judgments  of  the 
law.  It  is  under  a  free  government,  constituted  by  the  people, 
and  forever  dependent  upon  their  good  will,  under  which  the 
civil  authority  is  declared  to  be  supreme,  while  military  force  is 
designated  as  an  object  for  jealousy  and  control,  that  the  dominion 
of  the  laws  must  in  a  peculiar  manner  be  held  sacred,  for  other 
wise  (as  it  has  been  already  said)  the  government  itself  must 
cease  to  exist.  When  the  decrees  of  justice  can  no  longer  be 
enforced  by  the  marshal  and  the  writ,  you  must  resort  to  the 
soldier  and  the  bayonet;  and,  whatever  you  may  choose  to  call 
your  government,  depend  upon  it  you  will  no  longer  continue 
to  be  a  free  people.  A  resort  to  arms  in  obstructing  the  opera 
tion  of  the  laws  must  inevitably  lead  to  a  resort  to  arms  in 
maintaining  them.  Nor  can  it  make  any  difference  in  principle 
whether  the  execution  of  an  act  of  Congress  or  the  judgment  of 
a  court  be  resisted,  whether  the  resistance  is  attempted  by  an 
individual  or  by  a  multitude,  in  the  rage  of  wanton  violence  or 
under  color  of  spurious  authority. 

"  But  opinions  have  been  scattered  abroad  in  pamphlets,  in 
newspapers,  and  in  declamatory  harangues,  which  are,  I  confess, 
well  calculated  to  pervert  the  public  mind,  and  to  excite  the 
public  feelings  on  the  peculiar  subject  of  the  present  prosecution. 
It  is  weakly,  if  not  wickedly,  said  that  an  opposition  to  the  judi 
cial  process  of  our  courts  is  not  an  opposition  to  the  laws ;  and 
that  persons  who  act  under  the  authority  of  the  State  in  making 
such  opposition  are  guilty  of  no  offence.  Against  a  doctrine  so 
radically  vicious  it  is  a  duty  most  solemnly  to  protest :  nor  can 
I  safely  approach  the  immediate  ground  of  the  prosecution  with 
out  first  endeavoring  to  rescue  your  judgment  from  its  baneful 
influence.  I  claim,  therefore,  the  attention  of  the  jury  for  a 


100  LIFE   OF  A.  J.  DALLAS. 

short,  but,  I  hope,  a  satisfactory  development  of  the  principles 
of  our  social  compact  in  its  federal  as  well  as  in  its  State  char 
acteristics. 

"  There  is  no  truth  more  certain,  none  to  which  I  more  sin 
cerely  subscribe,  than  that  the  sovereignty  of  the  nation  resides 
essentially  and  everlastingly  in  the  people.  From  this  sove 
reignty  emanates  the  powers  of  government,  whether  they  are 
vested  in  the  federal  or  in  the  State  system ;  and  whether  in 
either  system,  they  are  assigned  to  the  legislative,  the  executive, 
or  the  judicial  department.  The  institution  of  government  is 
thus  an  exercise  of  the  sovereignty  of  the  people,  in  their  own 
way,  and  for  their  own  good.  The  people  acting  as  the  creator, 
assign  to  the  subject  of  their  creation,  the  form,  attributes,  and 
operation  necessary  to  its  use.  In  dividing  the  powers  of 
government  into  federal  and  State,  the  sovereignty  of  the  people 
is  displayed,  not  surrendered :  and  in  dividing  the  government 
into  departments,  the  separation  is  made  for  the  preservation  of 
each  in  its  legitimate  sphere,  and  not  with  a  view  to  render  any 
one  department  superior  to  the  others.  Hence,  while  the  sove 
reignty  resides  inherently  and  inalienably  in  the  people,  it  is  a 
perversion  of  language  to  denominate  the  State,  as  a  body  poli 
tic  or  government,  sovereign  and  independent.  If,  indeed,  the 
word  '  State'  is  used  as  a  collective  for  the  people  of  the  State 
(in  which  sense,  and  in  a  sense  descriptive  of  territorial  jurisdic 
tion,  it  is  sometimes  used),  there  is  no  objection  to  the  phrase: 
but  a  State,  meaning  the  government  of  the  State,  is  never  itself 
sovereign,  though  it  may  discharge  those  functions  of  sovereignty 
which  the  people  have  assigned  to  it ;  nor  can  it  ever  be  inde 
pendent  while  the  people  possess  the  right  and  power  to  change, 
modify,  or  abolish  it.  The  federal  and  State  governments,  in 
this  point  of  view,  are  alike  possessed  of  sovereign  powers ;  but 
the  State  government  can  no  more  be  denominated  sovereign  and 
independent  in  relation  to  the  powers  vested  in  the  federal 
government  than  the  latter  can  be  so  denominated  in  relation  to 
the  powers  vested  in  the  former,  or  reserved  to  the  people.  The 
truth  is  (a  political  truth  that  ought  never  to  be  overlooked  in 
the  collisions  that  may  arise  between  State  and  federal  authori 
ties)  that  the  constitutions  of  the  Union  and  of  the  State  must 
be  regarded  and  construed  as  instruments  formed  and  executed 
by  the  same  party,  the  sovereign  people,  delegating  powers  to 
different  agents,  but  upon  the  same  trusts  and  for  the  same  uses. 
The  instruments  manifest  the  powers  of  the  constituent  and  pre 
scribe  the  duties  of  the  representative.  And  thus  you  hear  the 
mighty  voice  of  the  people  announcing  in  a  solemn  and  formal 
preface  to  the  work  that  THEY  (not  that  the  sovereign  and  inde 
pendent  States)  ordain  and  establish  the  federal,  as  well  as  the 
State,  constitution  for  their  government.  The  people  of  Perm- 


LIFE   OF  A.  J,  DALLAS.  101 

sylvania,  acting  as  a  portion  and  in  concert  with  all  the  rest  of 
the  people  of  the  United  States,  ordained  and  established  the 
federal  constitution  in  the  year  1787  for  their  national  govern 
ment  ;  and,  subject  to  the  plighted  faith  of  that  compact,  the 
people  of  Pennsylvania,  acting  for  themselves  alone,  ordained 
and  established  the  State  constitution  in  the  year  1790  for  their 
territorial  government.  To  the  national  government  they  gave 
all  the  national  attributes  of  judicial  as  well  as  of  executive  and 
legislative  power ;  and  on  the  State  government  they  devolved 
the  exercise  of  every  other  power  necessary  for  the  public  wel 
fare,  with  the  exceptions  and  qualifications  contained  in  the 
declaration  of  rights. 

<l  Upon  this  basis,  I  trust  it  will  be  perceived  that,  without 
derogating  from  the  dignity  of  organized  governments  or  impair 
ing  their  legitimate  authority,  the  sovereignty  of  the  people,  the 
federal  jurisdiction,  and  the  State  rights  may  harmoniously  and 
securely  rest.  But  to  assert  an  absolute  sovereignty  and  inde 
pendence  in  a  State,  is  either  to  deny  any  sovereignty  and  inde 
pendence  in  the  Union,  or  to  contend  for  the  existence  of  a 
solecism  in  the  science  of  politics — the  existence  of  two  absolute, 
sovereign,  and  independent  governments  in  the  same  nation! 
Nor  is  it  possible  that  the  subject  should  have  been  misunder 
stood  by  the  people  when  they  adopted  the  federal  constitution  ; 
for  General  Washington,  in  the  letter  of  the  convention  which 
accompanied  the  proposed  constitution,  proclaimed  the  effect  of 
its  adoption  upon  State  jurisdiction  in  these  memorable  words  : 
'  It  is  obviously  impracticable,  in  the  federal  government  of 
these  States,  to  secure  all  rights  of  independent  sovereignty  to 
each,  and  yet  provide  for  the  interest  and  safety  of  all.  In 
dividuals  entering  into  society  give  up  a  share  of  liberty  to 
preserve  the  rest.  The  magnitude  of  the  sacrifice  must  depend 
as  well  on  situation  and  circumstances  as  on  the  object  to  be  ob 
tained.  It  is  at  all  times  difficult  to  draw  with  precision  the 
line  between  those  rights  which  must  be  surrendered,  and  those 
which  may  be  reserved  ;  and,  on  the  present  occasion,  this  diffi 
culty  was  increased  by  a  difference  among  the  several  States  as 
to  their  situation,  extent,  habits,  and  particular  interests.1 

"  That  the  constitution,  adopted  with  this  knowledge  of  its 
design  and  operation,  was  indispensable  to  the  duration  of  the 
Union,  to  the  harmony  of  the  States,  to  the  prosperity  of  the 
people,  and  to  the  character  of  the  nation,  every  man  will  admit, 
who  saw  or  felt,  who  has  read  or  heard,  what  was  the  situation 
of  the  country  at  the  crisis  of  the  adoption.  That  the  practical 
blessings  of  the  constitution  have  surpassed  all  that  its  most 
zealous  advocates  predicted,  even  its  once  jealous  opponents 
gratefully  see  and  candidly  avow.  For  all  know  that  the  in 
firmities  of  the  old  confederation  were  so  extreme,  that  the  Union 


102  LIFE    OF  A.  J.  DALLAS. 

had  scarcely  consummated  its  independence,  when  it  seemed  to 
touch  the  period  of  its  dissolution.  The  necessity  of  resorting 
to  some  principle  of  resuscitation  agitated  every  heart  and  ex 
ercised  every  head.  Let  the  Union  be  dissolved,  and  what  was 
then  to  dissipate  the  gloom  that  hung  over  the  internal  and  ex 
ternal  prospects  of  America !  In  a  foreign  view,  where  was  the 
resource  of  population,  or  of  revenue,  to  enable  a  single  State  to 
command  the  respect  of  the  world,  to  reciprocate  the  benefits 
of  commerce,  or  to  repel  the  violence  of  other  nations !  In  a 
domestic  view,  where  was  the  common  umpire  to  reconcile  the 
jarring  interests  of  the  rival  States,  to  regulate  the  terms  of 
social  intercourse,  to  avert  the  calamities  of  civil  ivar,  to  destroy 
the  hydra  of  anarchy,  or  to  subdue  the  efforts  of  despotism! 
But,  turning  from  those  lamentable  views  of  the  subject,  let  us 
ask  what,  under  the  auspices  of  the  federal  constitution,  is  now 
wanting  to  our  honor  abroad  or  to  our  prosperity  at  home  ? 
The  rights,  the  interests,  the  treasure,  and  the  power  of  all  the 
States  constitute  an  inheritance  and  a  name,  a  shield  and  a  sword, 
for  each  State,  in  all  the  pursuits  of  its  enterprise  and  industry 
abroad;  while  a  uniform  system  of  national  legislation,  and  an 
impartial  administration  of  national  justice,  serve  to  produce  and 
perpetuate  equality,  confidence,  and  concord  at  home. 

"  At  all  times,  and  under  all  circumstances,  from  the  dawn  of 
American  independence  to  the  splendor  of  its  meridian,  the 
sovereignty  of  the  people  has  been  displayed  in  the  formation 
of  our  political  compacts. 

"  The  latent  sovereignty  of  the  American  people  was  kindled 
into  action  so  early  as  the  year  1TT4.  Under  a  sense  of  wrong 
(not  perhaps  of  actual  oppression,  but  of  meditated  usurpation) 
the  Congress  of  the  colonies  was  formed.  The  sublime  idea  of 
national  independence  had  not  then  been  conceived,  or  it  was 
carefully  repressed.  The  object  of  the  association  wras  simply 
petition  and  remonstrance ;  and  for  that  object  the  people,  through 
their  colonial  representatives,  delegated  to  Congress  all  the  ne 
cessary  powers  of  deliberation  and  agency.  But  petitions  were 
neglected,  remonstrances  were  despised,  insult  was  added  to  in 
jury,  and  upon  the  preparation  of  an  invading  military  force  to 
compel  obedience  to  the  usurped  authority  of  the  British  par 
liament,  nothing  remained  for  America  but  to  encounter  arms 
with  arms.  (MR.  INGERSOLL  :  '  Then  the  people,  or  a  colony  of 
the  people,  may  resist  by  force  the  encroachments  of  the  para 
mount  government  upon  their  rights  ?'  MR.  DALLAS  :  '  If  you  can 
find  an  analogy  in  the  situation  of  the  country  now,  and  then ; 
if  you  can  find  in  the  conduct  of  the  federal  government  acts  of 
usurpation,  contumely,  and  outrage  such  as  Britain  exhibited 
at  that  time  ;  and  if  you  conceive  that  the  extreme  case  of  lawful 
resistance  to  the  constituted  authorities  of  the  Union  has  oc- 


LIFE    OF  A.  J.  DALLAS.  103 

curred,  you  are  welcome  to  all  the  benefit  of  the  question.  But 
let  it  be  well  considered  whether  the  conflict  is  likely  to  ter 
minate  in  rebellion  or  revolution.'')  Even,  therefore,  before 
independence  was  the  object,  the  people  had  delegated  to  Con 
gress  the  powers  of  resistance  and  war,  and  a  civil  war  was 
actually  waged  under  their  authority.  It  is  true,  there  existed 
no  formal,  written  compact  among  the  colonies,  but  each  delega 
tion  carried  to  Congress  the  authority  of  their  immediate  con 
stituents  to  deliberate  and  to  act  for  the  success  of  the  common 
cause  ;  and  if  the  maintenance  of  the  common  cause  required 
the  existence  of  any  particular  power  of  government,  the  invest 
ment  of  that  power  in  Congress  was  necessarily  implied  in  the 
object  of  the  association,  without  more.  Hence  it  is  that  the 
powers  of  peace  and  war  were  derived  in  the  first  instance ; 
and  the  principal  powers  carried  with  them  all  their  incidents. 
Still,  although  the  Congress  regularly  possessed  the  powers, 
there  would  have  been  a  difficulty,  if  not  an  impossibility,  to 
appty  them,  had  not  the  patriotism  and  the  good  faith  of  that 
memorable  epoch  proved  an  efficient  substitute  for  all  the  means 
of  coercion  enjoyed  by  the  strongest  and  oldest  political  estab 
lishments.  At  length,  however,  the  opposition  of  subjects  to 
the  tyranny  of  their  government  suddenly  taken  up  (without  a 
disciplined  force,  without  arms,  ammunition,  or  any  military 
supply,  and  without  a  common  treasury)  became  too  severe  and 
too  hazardous  to  be  sustained  ;  and  it  was  necessary  to  change 
the  cause  into  the  cause  of  freemen  contending  for  independence, 
in  order  to  rivet  the  pride,  the  valor,  and  the  hope  of  the  people 
to  the  glorious  object  of  the  war,  as  well  as  to  inspire  confidence 
in  those  nations  of  Europe  who  had  already  manifested  a  desire 
to  espouse  the  interests  of  America.  With  these  motives  the 
Declaration  of  Independence  was  suggested  and  announced  to 
the  world  as  the  solemn  and  deliberate  act  of  the  American 
people.  It  has  been  erroneously  alleged  that  the  Declaration  of 
Independence  was  the  act  of  the  individual  States ;  but  the 
character  of  the  States  was  first  created  by  that  celebrated  in 
strument,  under  the  authority  of  the  people  at  large,  who,  if 
they  did  not  form  it  originally,  voluntarily  adopted  and  con 
firmed  it.  It  has  been  erroneously  alleged  that  there  was  no  ex 
press,  written  compact  between  the  people  of  the  different  States 
until  the  ratification  of  the  articles  of  confederation ;  but  the 
Declaration  of  Independence  is  an  express  and  written  compact 
of  union  for  every  national  purpose.  Here,  however,  let  the 
declaration  speak  emphatically  for  itself:  '  We,  the  representa 
tives  of  the  United  States  of  America  in  Congress  assembled, 
appealing  to  the  Supreme  Judge  of  the  world  for  the  rectitude 
of  our  intentions,  do,  in  the  name  and  ~by  the  authority  of  the 
good  people  of  these  colonies,  solemnly  declare  that  these  united 


104  LIFE    OF  A.  J.  DALLAS. 

colonies  are,  and  of  right  ought  to  be,  free  and  independent 
States  ;  that  they  are  absolved  from  all  allegiance  to  the  British 
crown,  and  that  all  political  connection  between  them  and  the 
State  of  Great  Britain  is  and  ought  to  be  totally  dissolved ;  and 
that  as  free  and  independent  States  they  have  full  power  to  levy 
war,  conclude  peace,  contract  alliances,  establish  commerce,  and 
do  all  other  acts  which  independent  States  may  of  right  do. 
And,  for  the  support  of  this  declaration,  with  a  firm  reliance  on 
the  protection  of  Divine  Providence,  we  mutually  pledge  to  each 
other  our  lives,  our  fortunes,  and  our  sacred  honor.'' 

"  Thus,  it  is  perceived,  that  the  Declaration  of  Independence 
was  made,  not  in  the  corporate  capacity  of  States/  or  of  colonies, 
but  in  the  name  and  by  the  authority  of  the  people ;  and  in  de 
claring  the  freedom  and  independence  of  the  States,  no  idea  of 
individuality  is  introduced,  but  the  declaration  is  applied  to  the 
united  colonies  in  their  collective  and  national  character.  Thus 
also  it  is  perceived  that,  in  their  collective  or  national  character, 
the  United  States  are  declared  to  have  full  power  to  levy  ivar, 
conclude  peace,  contract  alliances,  establish  commerce,  etc.  AH 
objects  of  national  policy,  which  it  ivill  not  be  pretended  an  indi 
vidual  State  could  fiursue  for  the  whole,  nor  even  for  herself, 
upon  the  express  and  implied  conditions  of  the  compact. 

11  The  Declaration  of  Independence  having  provided  for  the 
national  character  and  the  national  powers,  it  remained  in  some 
mode  to  provide  for  the  character  and  powers  of  the  States  indi 
vidually  as  a  consequence  of  the  dissolution  of  the  colonial  sys 
tem.  Accordingly  the  people  of  each  State  set  themselves  to 
work,  under  a  recommendation  from  Congress,  to  erect  a  local 
government  for  themselves  ;  but  in  no  instance  did  the  people  of 
any  State  attempt  to  incorporate  into  their  local  system  any  of 
those  attributes  of  national  authority  which  the  Declaration  of 
Independence  had  asserted  in  favor  of  the  United  States.  From 
this  conclusive  evidence,  as  well  as  from  every  other  concomi 
tant  and  cotemporaneous  occurrence,  it  is  obvious  that  the  people 
approved  and  ratified  the  distribution  of  powers  between  the 
federal  and  the  State  government ;  so  that,  from  this  period  at 
least,  the  people  of  America  were  bound  to  each  other  by  an  ex 
press,  written  compact,  recognizing  nothing  more,  however,  in 
favor  of  Congress  than  was  necessarily,  as  I  contend,  implied  in 
the  principle  and  object  of  the  previous  voluntary  association  of 
the  colonies. 

"  But  the  investment  of  power  in  Congress,  from  the  gener 
ality  of  the  terms  of  the  Declaration  of  Independence,  was  soon 
found  inconvenient  in  practice  ;  and  hence  arose  the  necessity  of 
the  organization,  arrangement,  and  details  contemplated  by  the 
articles  of  confederation,  which  were  proposed  to  the  individual 
States  so  early  as  the  9th  of  July,  1778,  but  were  not  finally  rat- 


LIFE    OF  A.  J.  DALLAS.  105 

ified  by  all  the  States  until  the  1st  day  of  March,  1781.  These 
articles,  however,  can  only  be  considered  as  declaratory  of  the 
pre-existing  national  authority  on  the  great  subjects  of  war  and 
peace,  of  treaties  and  commerce,  with  all  their  natural  and  neces 
sary  incidents.  The  States  and  the  people  of  the  States  so  con 
sidered  them,  for  the  exercise  of  the  authority  (which  in  such  a 
case  is  some  evidence  of  its  legitimate  existence)  continued  with 
out  opposition,  complaint,  or  denial,  throughout  the  whole  of  the 
most  interesting  period  of  the  revolution  that  passed  between 
the  Declaration  of  Independence  and  the  ratification  of  the  arti 
cles  of  confederation.  The  struggle  of  the  revolution  was  indeed 
almost  over  before  the  articles  were  ratified  ;  treaties  of  alliance 
and  commerce  had  been  formed  with  France  and  other  nations ; 
British  armies  had  been  beaten  and  captured,  and  the  day  of 
peace  rapidly  approached.  And  no  sooner  were  the  articles  rat 
ified  than  it  was  discovered  that  they  were  miserably  defective 
in  all  the  energies  requisite  to  an  efficient  system  of  government. 

"  The  termination  of  the  war  did  not  terminate  the  labors  or 
solicitudes  of  your  patriots.  The  debts  of  the  nation  were  to 
be  paid  ;  but  Congress  had  neither  the  money  to  pay  them  nor 
the  means  to  exact  an  equitable  contribution  from  the  States. 
The  dignity  of  a  national  character,  acquired  by  the  noble  ex 
ertions  of  a  seven  years'  battle,  was  to  be  maintained  ;  but  Con 
gress  was  without  the  power  to  attract  or  to  command  respect 
at  home  or  abroad.  The  harmony  of  the  States  was  to  be  pre 
served  under  the  most  trying  diversity  of  habits  and  interests ; 
but  Congress  could  not  dictate,  and  the  day  of  persuasion  had 
fled.  The  appeal  to  the  gratitude,  the  justice,  and  the  policy  of 
the  States  for  empowering  Congress,  under  these  circumstances 
of  federal  obligation,  to  levy  a  trifling  impost  was  rendered 
abortive  by  the  negative  of  a  single  (almost  of  the  smallest) 
member  of  the  Union.  And,  in  short,  every  feeling  of  triumph 
for  the  past  glories  of  America  was  superseded  in  the  minds  of 
the  good  and  the  wise,  by  a  sense  of  shame  and  alarm,  at  the 
dreadful  prospect  of  her  future  destiny.  But  a  ray  of  hope  at 
length  darted  through  the  gloom  of  the  political  horizon.  The 
active  patriotism  of  Virginia  led  to  a  partial  convention  of  dele 
gates  at  Annapolis  to  consider  the  state  of  the  nation ;  and,  al 
though  the  deliberations  of  that  body  did  not  produce  an  imme 
diate  remedy  for  the  evils  that  were  suffered,  it  is  enough  for  the 
fame  and  honor  of  its  members  that  the  general  convention,  from 
which  we  eventually  received  the  Constitution  of  the  United 
States,  was  assembled  upon  their  recommendation. 

"  The  general  convention,  it  must  be  allowed,  was  not  com 
posed  of  delegates  elected  by  the  people  themselves,  but  of  dele 
gates  appointed  by  the  legislatures  of  the  respective  States.  The 
important  fact,  however,  in  relation  to  the  adoption  of  their  great 

8 


106  LIFE    OF  A.  J.  DALLAS. 

work,  is  that  it  was  not  reported  to  the  State  governments;  but 
that,  on  the  express  recommendation  of  the  convention,  it  was 
submitted  to  the  people  of  the  States  respectively  for  their  assent 
and  ratification.  The  people  accordingly  assembled,  deliberated, 
assented,  and  ratified ;  and  in  that  way  alone  the  Constitution  of 
the  United  States  acquired  all  its  authority  as  a  social  compact, 
as  a  bond  of  confederation,  and  as  an  instrument  of  government. 
The  people,  perfectly  apprised  of  the  nature  and  operation  of 
the  act,  were,  above  alt  things,  anxious  that  it  should  not  be 
annulled  or  evaded.  Hence,  it  is  provided  not  only  that  the 
officers  of  the  federal  government,  but  that  'the  members  of  the 
several  State  legislatures,  and  all  executive  and  judicial  officers 
of  the  several  States  shall  be  bound  by  oath  or  affirmation  to 
support  the  constitution^  Nay,  that  no  doubt  or  ambiguity 
should  rest  upon  the  claim  of  paramount  allegiance  for  the 
federal  government,  it  is  imperatively  declared  in  this  act  of  the 
people  themselves,  that  'the  constitution  and  the  laws  of  the 
United  States  which  shall  be  made  in  pursuance  thereof,  and  all 
treaties  made  or  which  shall  be  made  under  the  authority  of  the 
United  States,  shall  be  the  supreme  law  of  the  land,  and  the 
judges  in  every  State  shall  be  bound  thereby,  ANYTHING  IN  THE 

CONSTITUTION  OR  LAWS  OF  ANY  STATE  TO  THE  CONTRARY  NOT 
WITHSTANDING.'  Whether  you  contemplate  the  federal  or  State 
institutions,  the  judicial  or  the  legislative  and  executive  depart 
ment  of  government,  you  have  hitherto  seen  the  work  come  uni 
formly  from  the  hand  of  the  people ;  and  now  (I  pray  you,  gen 
tlemen,  to  listen,  with  particular  attention,  to  this  authoritative 
expression  of  the  public  will),  you  hear  the  direct  and  unequivocal 
declaration  of  the  people  that  the  constitution  and  laws  of  the 
United  States  shall  be  supreme ;  that  in  every  collision  between 
the  constitution  and  laws  of  the  United  States  and  the  consti 
tution  and  laws  of  an  individual  State,  the  latter  shall  yield,  the 
former  shall  prevail,  and  that  every  State  functionary  shall,  by 
the  most  solemn  pledge  of  fidelity,  undertake,  before  his  God  and 
his  country,  to  support  the  supremacy  of  the  constitution  of  the 
United  States. 

"  It  is  not,  however,  by  general  declarations  alone  that  the  peo 
ple,  in  establishing  the  federal  constitution,  have  chosen  to  limit 
and  restrain  the  jurisdiction  of  the  individual  States.  It  would 
be  tedious,  and  is  not  necessary,  to  enter  into  the  details ;  but, 
by  way  of  illustration,  I  will  suggest  two  subjects  intimately 
connected  with  the  present  trial :  1.  The  people  have  limited 
and  restrained  the  State  jurisdiction  in  matters  of  war  and  peace. 
By  a  direct  investment  of  power,  Congress  can  alone  declare 
war,  grant  letters  of  marque  and  reprisal,  raise  and  support 
armies,  provide  and  maintain  a  navy,  make  rules  for  the  regula 
tion  of  the  land  and  naval  forces,  provide  for  calling  forth  the 


LIFE    OF  A.  J.  DALLAS.  107 

militia  to  execute  the  laws  of  the  Union,  suppress  insurrections, 
and  repel  invasions,  and  provide  for  organizing,  arming,  and 
disciplining  the  militia.  And,  by  a  positive  prohibition,  no  State 
can  enter  into  any  treaty,  alliance,  or  confederation,  grant  letters 
of  marque  and  reprisal,  keep  troops  or  ships  of  war  in  time  of 
peace,  nor  engage  in  war  unless  actually  invaded,  or  in  such  im 
minent  danger  as  will  not  admit  of  delay.  Now,  if  it  shall  ever 
appear  that  Massachusetts  or  Virginia,  Pennsylvania  or  Con 
necticut,  have  kept  troops  in  time  of  peace,  without  the  consent 
of  Congress,  the  act  will  be  a  flagrant  violation  of  the  constitu 
tion  ;  and,  if  the  force  thus  unconstitutionally  kept  shall  be  ar 
rayed  against  the  constituted  authorities  of  the  Union,  it  must, 
upon  every  rational  principle  of  jurisprudence,  be  an  offence  in 
every  agent,  civil  or  military,  who  is  engaged  in  the  opposition. 
2.  The  people  have  also  limited  and  restrained  the  State  juris 
diction  in  matters  of  judicial  cognizance.  By  a  direct  investment, 
the  judicial  power  of  the  United  States  embraces  (with  various 
other  objects)  all  cases  in  law  and  equity  arising  under  the  con 
stitution,  laws,  and  treaties  (other  than  suits  by  individuals 
against  a  State},  all  cases  of  admiralty  and  maritime  jurisdic 
tion,  all  controversies  between  citizens  of  different  States,  between 
citizens  of  the  same  State  claiming  lands  under  grants  from 
different  States,  and  between  foreigners  and  citizens.  And  by 
the  act  of  Congress  which  distributes  this  mass  of  judicial  power 
among  the  several  courts  of  the  Union,  it  is  expressly  declared 
that  the  district  court  '  shall  have  exclusive  original  cognizance 
of  all  civil  causes  of  admiralty  and  maritime  jurisdiction.' 
Now,  if  it  shall  ever  appear  that  the  legislative,  executive,  or 
judicial  department  of  a  State  government,  or  that  a  combination 
of  all  the  departments  has  attempted  to  divest  or  defeat  the 
jurisdiction  of  a  federal  court  in  a  controversy  between  citizens 
of  different  States,  or  has  attempted  to  control  the  federal  courts 
in  a  case  of  admiralty  and  maritime  jurisdiction,  it  will  be  an 
act  of  complicated  usurpation,  notoriously  unconstitutional,  and 
utterly  void ;  it  can  never  create  a  right  for  itself,  nor  confer  an 
authority  upon  others." 

At  the  close  of  this  masterly  development  of  the  principles 
of  our  social  compact  in  its  federal  and  State  characteristics,  the 
district  attorney  opened  the  particular  facts  he  contem 
plated  proving  against  the  prisoners,  and  examined  his 
witnesses.  The  evidence  was  unexceptionable,  clear,  and 
conclusive.  Nothing  to  rebut  it  was  attempted.  "  There 
is  no  dispute"  said  Judge  Washington  in  charging  the  jury, 
"  about  the  facts."  The  defence,  however,  was  taken  upon 
two  general  positions  of  law :  1.  The  district  court,  whose 


108  LIFE   OF  A.  J.  DALLAS. 

writ  was  resisted,  had  no  jurisdiction,  because  the  court 
of  appeals  established  by  Congress  having  no  authority  to 
determine  the  case,  the  decree  of  that  appellate  tribunal 
was  a  nullity  which  the  district  court  could  not  enforce. 
The  court  of  appeals  could  not  reverse  the  verdict  of  the 
jury.  2.  The  district  court  had  no  jurisdiction  because 
the  State  of  Pennsylvania  was  a  party  in  interest  and  the 
court  was  therefore  prohibited  by  the  constitution  from 
deciding  it.  The  defendants  acted  in  obedience  to  the 
laws  of  the  State  and  the  orders  of  her  governor.  The 
argument  on  these  grounds  was  conducted  with  great 
ability  by  Mr.  Walter  Franklin,  the  attorney-general  of 
Pennsylvania,  and  by  Mr.  Jared  Ingersoll,  specially  retained 
by  the  Commonwealth  to  assist  him.  They  were  elabo 
rately  answered  in  conclusion  by  Mr.  Dallas. 

As  we  have  deemed  the  only  interest  and  importance 
of  the  trial  to  have  been  the  relation  it  bore  to  the  colli 
sion  between  the  national  and  local  authorities,  it  may  be 
well  to  refer  to  what  was  said  by  Judge  WASHINGTON  on 
that  score. 

"  Tfte  governor  of  Pennsylvania  had  no  power  to  order  the 
defendants  to  array  themselves  against  the  United  States,  acting 
through  its  judicial  tribunals ;  and  the  legislature  of  the  State 
was  equally  incompetent  to  clothe  him  with  such  a  power,  had  it 
so  intended.  The  defendants  were  bound  by  a  paramount  duty 
to  the  government,  of  the  Union,  and  ought  not  to  have  obeyed  the 
mandate.  There  were  but  two  modes  Irr  which  the  general 
government  could  assert  the  supremacy  of  its  power  on  this  oc 
casion  :  by  the  peaceful  interference  of  the  civil  authority,  or  by 
the  sword.  The  first  has  been  tried,  and  the  defendants  are  now 
called  to  answer  for  their  conduct  before  a  jury  of  their  country. 
Will  any  man  be  found  bold  enough  to  condemn  this  mode  of 
proceeding,  or  complain  that  this  alternative  has  been  chosen  ? 
But,  if  the  accused  can  plead  the  orders  of  the  governor,  as  a 
justification  of  their  conduct,  and  if  the  sufficiency  of  such  a  plea 
is  established,  the  civil  authority  is  done  away,  its  means  are 
inadequate  to  its  end,  and  force  must  be  resorted  to.  Are  we 
prepared  for  such  a  state  of  things  ?  The  doctrine  appears  to  us 
monstrous,  the  consequences  of  it  terrible.  We  regret  that  it 
was  broached.  It  was  contended  that  in  a  case  where  a  State 
government  authorizes  resistance  to  the  process  of  a  federal  court, 
though  in  a  cause  wherein  the  court  had  competent  jurisdiction, 
the  only  remedy  in  such  an  emergency  is  negotiation.  If  there 
were  no  federal,  no  common  head,  this  position  might  be  admitted, 


LIFE    OF  A.  J.  DALLAS.  109 

and  on  the  failure  of  the  negotiations,  the  ultima  ratio  must  be 
resorted  to.  But  under  our  constitution  of  government  which 
declared  the  laws  of  the  United  States  made  in  pursuance  of 
that  instrument  the  supreme  law  of  the  land,  and  which  vests  in 
the  courts  of  the  United  States  jurisdiction  to  try  and  decide 
particular  cases,  I  am  altogether  at  a  loss  to  conceive  how,  in 
the  case  stated,  negotiations  between  the  general  and  paramount 
government,  in  relation  to  the  powers  granted  to  it,  and  a  State 
government,  can  be  necessary  and  could  ever  be  proper." 

There  was  much  and  prolonged  difficulty  among  the 
jurors  in  determining  the  form  of  their  verdict.  They 
would  not  assent  to  a  general  one,  and  were  obviously 
anxious  to  shield  the  defendants,  if  possible,  b}7  specially 
finding  that  in  obstructing  and  resisting  the  marshal,  the 
accused  had  acted  under  the  orders  of  the  constituted 
authorities  of  the  Commonwealth.  They  attempted  to 
put  this  impression  on  paper,  but  when  examined  it  was 
thought  to  be  somewhat  contradictory  and  irregular, — 
whereupon  the  three  counsel  agreed  each  to  draft  a  finding 
which  would  exactly  convey  the  conclusion  attained  by 
the  jury,  leaving  its  effect  to  be  decided  by  subsequent 
argument.  The  draft  made  by  Mr.  Dallas  was  preferred, 
adopted,  and  tiled  as  the  verdict,  and  Judge  Washington 
directed  the  discussion  as  to  its  legal  character  to  proceed 
on  the  morrow.  But  when  called  upon  in  the  morning  to 
proceed,  Mr.  Ingersoll  observed,  "  for  our  parts,  we  shall 
say  nothing  upon  it ;"  and  the  district  attorney  added 
that  "the  discussion  had  been  already  so  extensive  and  the 
attention  of  the  court  so  intent,"  that  he  submitted  the 
point  with  entire  confidence.  The  judge  then  ordered 
judgment  for  the  United  States  and  "that  the  defendants 
and  every  of  them  are  GUILTY." 

In  calling  for  sentence,  the  prosecuting  officer  made  a 
few  remarks,  from  among  which,  as  illustrative  of  his 
temperate  disposition  and  the  novelty  of  his  attitude,  the 
folio  win  ff  are  extracted  : 

O 

"In  all  the  vicissitudes  of  a  public  life  (not  short  in  duration 
nor  free  from  difficulty)  I  have  hitherto  been  able  to  discharge 
the  duty  of  my  station,  without  grief  of  heart  or  personal  repug 
nance.  But  while  performing  the  last  act  of  the  present  prosecu 
tion,  while  calling  upon  the  court  to  pronounce  the  sentence  of  the 
law  against  General  Bright  and  his  companions,  I  confess  that 
I  feel  a  regret  the  most  sincere,  a  pang  the  most  acute.  It  would 


110  LIFE    OF  A.  J.  DALLAS. 

be  useless  at  this  time  to  dwell  upon  the  pernicious  nature  of 
the  offence,  or  to  urge  the  necessity  and  benefit  of  the  example. 

"  It  has  been  often  said  by  the  counsel  for  the  defendants  that 
this  was  not  to  be  regarded  as  a  common  case,  and  they  have 
endeavored  to  make  a  deep  impression  of  its  importance  on  our 
minds  by  reiterated  appeals  to  the  power  and  dignity  of  '  the 
constituted  authorities  of  Pennsylvania!'  It  is  indeed  an  ex 
traordinary  case  ;  but  while  I  distinguish  it,  in  its  nature  and 
importance,  from  every  other  prosecution  which  has  occurred,  I 
can  only  perceive  in  that  distinction  additional  motives  for  a  firm 
and  energetic  course  of  conduct  on  the  part  of  all  (judges,  jurors, 
and  prosecution)  who  are  intrusted  with  a  share  in  the  adminis 
tration  of  justice.  If  it  shall  be  deemed  sufficient  for  the  pur 
poses  of  impunity,  in  the  commission  of  offences  against  the  laws 
of  the  United  States,  to  obtain  or  to  allege  the  sanction  of  a  State 
law,  or  a  State  magistrate,  the  national  authority  and  the  national 
independence  will  be  no  more. 

"But  I  am  still  willing  to  admit  that  when  the  jury  placed, 
for  the  first  time,  the  fact  judicially  upon  the  record  that  the  de 
fendants  had  committed  the  offence  with  which  they  are  charged 
under  the  direction  of  the  constituted  authorities  of  the  Common 
wealth,  a  fair  occasion  occurred  to  reciprocate  those  offices  of 
kindness  and  respect  which  are  so  well  calculated  to  promote 
and  to  preserve  harmony  between  governments  as  well  as  indi 
viduals.  I  should  therefore  have  listened  with  eagerness  to  the 
first  overture  from  the  defendants,  acknowledging  and  regretting 
the  error  that  has  been  committed ;  or  even  at  this  moment  I 
would  most  cheerfully  assume  the  responsibility  of  abstaining, 
without  the  previous  authority  of  the  federal  government,  from 
demanding  the  sentence  of  the  court,  if  the  attorney-general, 
who  represents  the  constituted  authorities  of  Pennsylvania,  would 
intimate  the  slightest  wish  that  this  should  be  done.  But,  alas! 
the  defendants  seem  rather  to  exult  than  to  grieve  at  their  situa 
tion  ;  and  all  the  solicitude  that  I  have  expressed,  in  public  or  in 
private,  for  an  amicable  arrangement  has  been  treated  by  the 
law  officer  of  Pennsylvania  with  cold  and  constant  indifference. 

"It  would  then  be  derogatory  to  the  government  as  well  as 
useless  any  longer  to  suspend  a  performance  of  my  duty.  Feel 
ing,  as  I  do  (and  I  derive  a  satisfaction  from  the  repetition  of 
the  sentiment),  unaffected  good  will  towards  the  defendants,  and 
sensible  as  I  am  of  the  great  debt  of  gratitude  and  reverence 
which  I  owe  to  Pennsylvania,  I  make  undoubtedly  a  sacrifice  of 
the  most  interesting  personal  considerations  to  the  most  imperi 
ous  official  obligations.  But  I  look  to  the  future  with  hope  and 
confidence  for  gratification  and  reward.  Nay,  if  I  do  not  mis 
take  the  character  of  some  of  the  defendants,  connected  as  they 
are  with  society  by  all  the  ties  of  family,  of  property,  and  of 


LIFE    OF  A.  J.  DALLAS.  Ill 

patriotism,  the  time  is  not  far  distant  when  they  will  themselves 
rejoice  that  they  have  suffered  for  the  laws :  deeming  it  a  day  of 
triumph  and  not  of  sorrow  on  which  the  principle  so  dear  to 
every  freeman  that'tfie  military  shall  in  all  cases  and  at  all 
times  be  in  strict  subordination  to  the  civil  power"1  was  practi 
cally  illustrated  and  permanently  established." 

The  sentences  were  then  (the  2d  of  May,  1809)  pro 
nounced:  against  Michael  Bright,  an  imprisonment  for 
three  months  and  a  fine  of  two  hundred  dollars;  against 
each  of  the  others,  an  imprisonment  of  one  month  and  a 
tine  of  fifty  dollars.  The  judge,  in  addressing  the  de 
fendants,  had  used  the  phrase  "it  is  obvious  that  you  have 
mistaken  a  supposed  duty"  which  being  promptly  reported 
to  President  Madison  by  Mr.  Dallas,  A  PARDON  was  at  once 
obtained,  and  the  prisoners  were  discharged  without 
delay. 

When  Congress  assembled  for  the  first  time  at  Wash 
ington,  on  the^lTth  November,  1800,  the  House  of  Repre 
sentatives  found  devolved  upon  it  by  the  second  article  of 
the  constitution  the  duty  to  choose*  a  President.  The 
aggregate  votes  of  the  electoral  conventions  in  the  several 
States  exhibited  the  result  of  73  for  Mr.  Jefferson,  73  for 
Mr.  Burr,  65  for  Mr.  Adams,  64  for  Mr.  Pinckney,  and  1 
for  Mr.  Jay.  The  Republican  party  had  triumphed  :  but 
in  triumphing,  they  had  not  discriminated  on  their  ballots 
which  of  their  candidates  had  been  voted  for  as  President 
and  which  for  Vice-President.  The  clause  of  the  consti 
tution,  shortly  afterwards  amended,  did  not  require  that 
they  should.  To  be  sure  everybody  knew  the  universal 
intention,  but  the  record  did  not  show  it,  and  the  equality 
of  the  number  of  votes  respectively  for  Mr.  Jefferson  and 
Mr.  Burr  therefore  gave  the  power  of  preference  between 
the  two  to  the  house.  The  complication  was  exceedingly 
delicate  and  dangerous;  and,  taking  into  view  the  viru 
lent  condition  of  party  politics,  great  disaster  to  the  country 
might  well  be  and  was  apprehended  from  factious  intrigue 
and  reckless  audacity. 

Mr.  Albert  Gallatin  was  one  of  the  representatives  from 
Pennsylvania;  a  warm  personal  friend  of  Mr.  Dallas,  and 
aware  of  his  constant  labors  and  solicitudes  in  the  field  of 
politics.  He  kept  him  advised,  by  short  and  rapid  notes, 

*  Sic  in  constitution. 


112  LIFE    OF  A,  J.  DALLAS. 

almost  from  day  to  day,  of  the  progress  in  balloting.  Of 
these  notes  the  following  only  were  preserved  : 

"Washington,  l\th  Feb.  1801,  half-past  three,  afternoon. — We 
have  balloted  seven  times,  and  no  choice  is  yet  made.  Eight 
States  for  Jefferson,  six  for  Burr,  Yermont  and  Maryland 
divided.  No  change  in  our  prospect  since  my  last  letter.  As 
to  individual  votes,  we  had  on  the  first  ballot  55  to  49.  We 
have  this  minute  suspended  the  ballot  for  one  hour  in  order  to 
eat  a  mouthful." 

"  Washington,  \2th  Feb.  1801,  three  o'clock  in  the  morning. — 
We  are  still  sitting:  have  balloted  twenty-two  times,  and  made 
no  choice,  the  result  on  every  ballot  the  same.  By  all  means 
preserve  the  city  quiet.  A  report  is  already  here  that  the  Dem 
ocrats  have  seized  the  public  arms  in  Philadelphia.  Anything 
which  could  be  construed  into  a  commotion  would  be  fatal  to  us." 

"  Washington,  IWi  Feb.  1801,  twelve  o'clock.— I  wrote  you 
yesterday  by  mail  that,  after  twenty-eight  ballots,  the  house  had 
agreed  at  one  o'clock  in  the  afternoon  to  suspend  balloting  till 
this  day  at  eleven,  the  interval  being  considered  a  virtual  though 
not  a  formal  adjournment.  To-day  we  met  accordingly,  and  have 
balloted  once.  Result  the  same.  They  speak  of  bringing  in  a 
bill  in  the  Senate  to  appoint  a  person  to  administer  the  govern 
ment,  and  of  making  in  this  house  a  motion  to  rescind  that  rule 
which  prevents  our  doing  other  business  than  balloting.  They 
appear  rather  elated  than  otherwise.  An  overture  was  made  by 

—  to stating  that  the  Federalists  had  proposed  to  him  to 

go  over  provided  New  York  did.  He  was,  as  he  said,  to  give 
them  an  answer  this  morning.  The  answer  from  New  York 
was  decisive,  and  so  has  been  his  to  the  other  party.  This  shows 
a  man  whom  they  think  they  may  tamper  with.  I  believe,  how 
ever,  he  is  decided  and  will  not  yield.  With  this  exception,  I 
do  not  apprehend  the  most  distant  danger  of  defection  on  our 
side.  I  do  not  expect  any  on  their  part  until  they  shall  have 
seen  the  effect  of  their  proposed  law  on  our  side  in  the  house, 
and  on  the  people.  The  judiciary  bill  is  signed  by  the  President." 

" Same  day,  1  o'clock. — Thirtieth  ballot  over  ;  same  result. 
The  Senate  have  adjourned  till  to-morrow  without  doing  any 
thing.  We  have  this  moment  suspended  the  ballot  till  to-mor 
row  at  12  o'clock.  Our  expectations  of  their  yielding  are  better 
now  than  one  hour  ago,  from  some  information  we  have  just 
received,  which  I  have  not  time  to  relate,  as  the  bearer  waits." 

"  16  Feb.  1801.— We  have  balloted  this  day  for  the  34th  time, 
and  the  result  is  still  the  same.  It  is  said  that  Mr.  Bayard  is 
decidedly  iii  our  favor,  but  that  his  vote  is  delayed  in  order  to 


LIFE    OF  A.  J.  DALLAS. 

attempt  to  persuade  the  whole  party  to  come  over  at  once.     Th( 
ballot  is  suspended  till  to-morrow." 

"17  Feb.  1801,  2  o'clock,  afternoon. — We  have  balloted  twice 
to-day.  The  result  was  still  the  same  on  the  35th  ballot ;  on  the 
36th  Mr.  Jefferson  was  chosen,  ten  States  voting  for  him,  Mary 
land  and  Vermont  included.  Four  States  voted  for  Aaron  Burr; 
two,  supposed  to  be  South  Carolina  and  Delaware,  put  in  blank 
ballots.  Morris  absented  himself.  The  four  other  Marylanders 
put  in  their  State  ballot-boxes  blanks.  Mr.  Bayard  is  this  mo 
ment  nominated  Minister  Plenipotentiary  to  France." 

"18  Feb.  1801. — We  consider  the  manner  in  which  the  oppo 
sition  to  Mr.  Jefferson  suffered  him  to  be  elected  as  an  avowed 
declaration  of  war.  Not  one  man  of  the  party  voting  for  him 
shows  a  determination  that  the  phalanx  ought  to  remain  un 
broken,  and  be  ready  to  oppose  whenever  opportunity  shall 
offer." 

What  would  probably  have  been  the  consequence  of 
Aaron  Burr's  election  ?  He  had  been  a  gallant  and 
faithful  officer  in  the  revolutionary  army.  He  was  of 
New  York, — a  man  of  acknowledged  ability,  less  culti 
vated  but  more  practical  than  his  Virginia  competitor ; 
an  ardent  Republican,  persuasive  and  conciliatory  in 
speech  and  deportment.  His  standing  was  such,  on  the 
scores  of  service,  integrity,  and  talents,  as  led  Mr.  Jeffer 
son  to  meditate  offering  him  an  invitation  to  undertake 
the  administration  of  the  Department  of  War, — a  project 
only  dismissed  because  of  his  unexpected  nomination  as 
Vice-President. 

Aaron  Burr's  master-passion  was  fanned  by  his  disap 
pointment  on  this  occasion  into  a  consuming  fire.  It 
may  be  said  of  him  as  of  John  C.  Calhoun  :  had  he  been 
President,  he  would  have  remained  and  died  a  sound  con 
servative  patriot.  Like  the  great  Carolinian, his  ambition 
wanted  ballast,  became  ungovernable,  and  finally  wrecked 
him.  Of  the  two,  the  wild  schemist  for  a  western  empire 
did  his  country  far  less  injury  than  the  author  of  such  per 
nicious  sorceries  as  nullification  and  secession,  seen  now 
to  have  gradually  spell-struck  and  withered,  in  a  large 
section,  the  ligaments  of  union. 

Mr.  Burr  suddenly  felt  himself,  by  an  accidental  com 
plication,  within  reach  of  the  chief  magistracy.  The 
prospect  dazzled  and  shook  him.  Undoubtedly,  as  a 
loyal  Republican,  it  was  his  duty  to  refuse  promptly  and 


114  LIFE    OF  A.  J.  DALLAS. 

firmly  to  be  made  the  instrument  of  faction.  Unequal  to 
so  obvious  and  just  a  part,  he  allowed  the  known  adver 
saries  of  his  principles  to  seize  him  as  a  weapon  and  turn 
him  against  his  friends, — thus,  and  by  that  alone,  entering 
upon  a  descent  which  ultimately  precipitated  him  into 
crime.  Had  the  Federalists  placed  him  in  the  chair,  he 
must  have  commissioned  "the  midnight  judges;"  he 
must  have  retained  in  their  posts  all  the  prescriptive  and 
implacable  appointees  of  John  Adams ;  he  must  have 
maintained  unimpaired,  perhaps  enlarged,  the  Hamil- 
tonian  systems  of  excise  and  of  public  debt;  he  must 
have  retained  the  fourteen  years  of  novitiate  before  nat 
uralization  ;  he  must,  in  a  word,  have  kept  the  govern 
ment  on  the  anti  republican  tack.  They  did  not  succeed  in 
placing  him  in  the  chair,  but  he  had  voluntarily  incurred 
the  odium  of  this  possible  course,  and  his  party  turned 
their  backs  upon  him  forever. 

The  functions  of  the  professional  post  which  he  had 
accepted  from  Mr.  Jefferson  in  the  spring  of  1801,  grad 
ually  drew  Mr.  Dallas  into  close  contact  with  the  cabinet 
at  Washington.  lie  had  long  been  on  terms  of  the 
kindest  intimacy  with  its  chief  members,  especially 
during  their  periodical  visits,  as  public  men,  to  the  city 
of  Philadelphia,  where  his  house  was  their  hospitable 
rendezvous  for  consultation  or  enjoyment,  lie  possessed 
their  unbounded  confidence  and  respect.  Mr.  Madison, 
Mr.  Gallatin,  and  Mr.  Robert  Smith  were  his  warm  per 
sonal  friends  and  admirers,  and  with  them  he  was  in  the 
habit  of  constant  and  frank  communication.  From  a 
few  letters  interchanged  during  that  period  may  be  col 
lected  the  topics  which  engaged  attention  and  possess  in 
themselves  a  certain  interest. 

We  have  already  referred  to  the  effort  made  in  1805  to 
change  the  constitution  of  Pennsylvania.  On  that  sub 
ject  Mr.  Gallatin,  under  date  of  the  30th  March,  1805,  says : 

"  I  heard  of  you  by  Mr.  Nicholson,  who  arrived  here  yesterday, 
and  I  hear  every  day  by  the  newspapers.  Will  both  houses 
agree  to  the  call  of  a  convention  ?  and  if  they  agree,  what  will 
be  the  consequence?  There  is  certainly  a  defect  in  our  (State) 
constitution  arising  from  the  omission  of  a  mode  to  introduce 
amendments.  It  is  absurd  to  suppose  that  any  species  of  laws, 
whether  constitutional  or  ordinary,  ought  to  be  unalterable  ; 
and,  when  no  mode  is  provided,  any  mode  may  be  adopted,  and 


LIFE    OF  A.  J.  DALLAS.  115 

the  security  resulting  from  written  constitutions  is  at  an  end. 
In  fact  it  may  become  more  easy  to  alter  the  constitution  than  a 
law,  since  legislative  forms  and  restrictions  may  be  considered 
as  inapplicable  to  the  proceedings  of  the  sovereigns,  who,  reserv 
ing  to  themselves  the  nominal  power  of  altering  the  instrument, 
have  neglected  to  specify  the  manner  in  which  their  will  should 
be  ascertained.  As  the  matter  stands,  I  can  perceive  but  two 
principles  to  which  to  resort.  The  first  is  to  insist  that  the 
call  of  a  convention  to  be  legal  must  be  a  legislative  act.  If 
you  depart  from  this,  it  must  be  an  invitation,  and  any  self- 
created  meeting  of  individuals  have  as  much  right  to  make  the  in 
vitation  as  the  individuals  who  compose  either  or  both  branches 
of  the  General  Assembly.  If  it  be  an  invitation,  and  not  an 
order  in  the  nature  of  a  law,  how  can  it  be  ascertained  whether 
the  people  really  want  any  alteration  ?  And  how  are  they  to 
act  on  the  day  of  election?  If  they  or  a  majority  shall  refuse 
to  appoint  delegates  to  the  convention,  and  a  number  of  coun 
ties,  or  portions  of  counties,  or  even  a  number  of  individuals, 
perhaps  a  few  in  each  county,  shall  appoint,  where  shall  the 
criterion  be  found  by  which  to  determine  whether  the  conven 
tion  be  a  legal  body  ?  or,  in  other  words,  whether  it  shall  be  the 
true  representation  of  the  majority  of  the  people  ?  And  by 
what  means  are  we  to  avoid  the  confusion  and  anarchy  which 
must  result  from  such  uncertainty  ?  But  if  the  people,  as  is 
probable,  will  think  themselves  compelled,  in  self-defence,  and  in 
order  to  avoid  the  greater  evil,  to  elect  delegates,  will  not  the 
invitation  of  the  two  houses  become  actual  usurpation  ? 

"  If,  however,  it  is  not  practicable  to  persuade  the  Assembly 
that  they  have  not  a  right  to  call  a  convention,  unless  it  be  by 
legislative  resolution,  and  that  a  recommendation  is  big  with 
danger,  there  is  another  principle  which  perhaps  maybe  listened 
to  more  readily.  If  the  people,  reserving  the  inherent  right  to 
amend  the  constitution,  have  provided  no  mode  in  the  instrument 
itself  to  introduce  amendments,  does  it  not  followHhat  no  amend 
ment,  nor  call  of  a  convention  with  power  to  amend,  can  be 
effected  without  their  actual  assent  ?  If  they  have  not  delegated 
in  any  manner  the  power  to  amend,  or  to  propose  amendments 
to  representatives,  we  must  conclude  that  they  intended  to  re 
serve  the  powers  to  themselves,  and  that  the  true  and  only  legal 
mode  of  introducing  amendments,  or  of  calling  a  convention,  is 
to  submit,  in  the  first  instance,  the  question  to  them.  It  is  per 
fectly  easy  to  ascertain  the  fact; — a  ticket,  headed  '  Convention,' 
and  filled  on  the  day  of  election  with  '  Yes'  or  '  No?  will  give  the 
result  with  equal  certainty  and  facility.  If  a  majority  shall  say 
they  want  a  convention,  they  have  a  right  to  one ;  if  a  majority 
shall  answer  in  the  negative,  ihe  friends  of  the  people  would  not 
dare  to  assert  that  a  convention  ought  to  have  been  called  con- 


116  LIFE    OF  A.  J.  DALLAS. 

trary  to  the  wish  of  the  majority.  Whether  amendments  shall  be 
introduced  or  not,  I  consider  but  as  a  secondary  question ;  and 
there  are  some  of  the  amendments  proposed  for  which  I  would 
vote,  if  that  were  the  question ;  although  I  would  live  and  die 
perfectly  satisfied  with  the  present  constitution.  But  I  consider 
it  as  of  primary  importance,  both  as  it  relates  to  myself  and 
posterity,  to  Pennsylvania,  and  the  cause  of  republicanism  in 
the  United  States  and  elsewhere,  that  we  should  have  a  security 
against  confusion  and  against  the  usurpations  of  a  minority. 
And  for  that  purpose  I  see  no  safer  remedy  than  to  submit  the 
question  to  the  people  by  a  legislative  act,  to  which  I  cannot 
perceive,  under  existing  circumstances,  that  the  governor  ought 
to  refuse  his  assent.  This  idea,  though  expressed  hastily  and 
loosely,  is  the  result  of  my  most  serious  reflections.  I  invite 
your  attention  to  it,  because  it  seems  to  me  that,  as  a  substitute 
to  the  immediate  call  of  a  convention,  it  might  have  a  better 
chance  of  succeeding  in  one  of  the  two  houses,  than  an  absolute 
rejection.  But  you  are  on  the  spot  and  better  able  to  judge  of 
the  question  of  practicability  than  I  can  be." 

Mr.  Robert  Smith,  Secretary  of  the  Navy,  also  wrote  to 
him,  three  days  subsequently,  on  the  2d  of  April,  1805, 
in  relation  to  the  same  subject: 

"Men  of  consideration  throughout  the  country  view  with 
great  solicitude  the  proceedings  of  your  State.  Are  they  to 
eventuate  in  the  discomfiture  of  the  Jacobins,  and  in  a  union 
of  the  sensible,  virtuous,  and  honorable  ?  If  the  turbulent  fac 
tion  should  be  able  to  make  head  against  you,  and  should  ac 
complish  their  wrild  projects,  then  will  the  United  States  soon 
exhibit  an  additional  instance  of  the  incornpetency  of  men  to  self- 
government.  God  forbid  that  our  efforts  should  terminate  thus 
ingloriously." 

In  answer  to  Mr.  Smith,  Mr.  Dallas,  on  the  llth  of 
April,  1805,  says : 

"  I  received  with  great  pleasure  your  letter  on  the  state  of  our 
politics.  It  convinced  me  that  every  man  of  consideration  and 
reflection  in  the  community  must  be  opposed  to  the  ruinous  pro 
jects  which,  commenced  in  Pennsylvania,  will,  sooner  or  later, 
overthrow  our  republican  institutions  throughout  the  Union.  I 
had  determined  to  recede  from  the  political  scene;  but,  reflecting 
on  the  share  I  had  taken  in  the  successful  effort  to  place  the 
powers  of  government  in  Republican  hands,  it  became  an  affair, 
of  conscience  to  resist  the  abuse  of  those  powers  by  the  influ 
ence  of  a  band  of  wild  and  unprincipled  zealots  on  our  State 


LIFE   OF  A.  J.  DALLAS.  117 

legislature.  It  was  equally  my  wish  to  prevent  anarchy,  to 
avoid  a  coalition  with  Federalists,  and  to  preserve  the  dignity 
and  authority  of  the  administration.  The  inclosed  papers  will 
show  you  the  preliminary  means  that  have  been  employed  ;  and 
I  trust  that  I  shall  receive  the  advice  and  countenance  of  the 
wise,  the  virtuous,  and  the  liberal  of  the  Republican  party  in 
every  other  State  as  well  as  in  our  own.  The  undertaking  is 
arduous,  and  the  event  doubtful.  But,  after  doing  all  that  we 
can  do  to  save  the  last  hope  of  republicanism  from  annihilation, 
it  will  be  a  precious  consolation  that  even  defeat  cannot  be  accom 
panied  with  disgrace. 

"  The  movements  in  Pennsylvania  apparently  originate  with 
a  few  notorious  characters.  But  I  believe  the  impulse  will 
eventually  be  found  to  proceed  from  a  combination  of  the  disap 
pointed  and  the  desperate  of  our  party,  under  the  auspices  of 
certain  ambitious  individuals  whose  heads  and  whose  hearts 
gave  a  better  promise.  The  object  is  to  reduce  government  to 
its  elements,  rendering  the  immediate  agency  of  the  people  per 
petually  necessary  to  every  executive,  legislative,  elective,  and 
judicial  purpose.  After  effecting  the  object  here,  it  will  be  en 
forced  by  the  additional  weight  of  a  precedent  in  the  other 
States  ;  and  we  have  already  seen  that  the  federal  constitution 
is,  upon  the  same  ground,  the  butt  of  active  hostility.  It  is 
avowed  here,  and  it  will  be  in  practice  by  the  reformers  every 
where,  that  lawyers,  men  of  talents  and  education,  men  of  for 
tune  and  manners,  ought  not  to  participate  in  the  formation,  or 
in  the  administration  of  a  democratic  government.  The  framers 
of  the  federal  constitution,  as  well  as  of  the  State  constitution, 
are  denounced  because  they  were  of  that  description.  And,  in 
short,  every  occurrence  indicates  a  spirit  and  a  scheme  to  involve 
our  country  in  all  the  revolutionary  passions  and  sufferings  of 
the  first  convulsive  throes  of  France,  which  have  subsided  in  the 
lethargy  of  despotism. 

"  The  design  of  the  conventionalists  was  to  persuade  the  legis 
lature  to  call  a  convention  at  the  last  session.  This,  however, 
was  abandoned  when  they  found  that  the  people  were  roused 
to  resentment  and  opposition,  and  a  considerable  majority  of 
remonstrants  appeared  on  the  files  of  the  House  of  Representa 
tives.  You  will  observe  that  we  have  never  denied  the  power 
of  the  citizens  to  call  a  convention,  nor  the  expediency  of  making 
the  call  through  the  medium  of  the  legislature,  when  they  have 
decided  upon  it ;  but  we  object  to  a  clandestine  attempt  to  sub 
vert  the  constitution,  in  the  name  of  the  people,  before  they  were 
consulted  or  heard  upon  the  subject.  Our  success  is,  therefore, 
so  far  ascertained  ;  and  although  we  shall  vote  against  a  conven 
tion,  if  a  majority  of  the  citizens  deem  it  requisite,  we  shall 


118  LIFE    OF  A.  J.  DALLAS. 

cheerfully  acquiesce.     The  object  will  then  be  to  elect  our  best 
men  for  so  important  and  so  confidential  a  service." 

Every  excess  of  every  kind  is  more  or  less  injurious  and 
alarming.  Excess  of  liberty  breaks  through  the  necessary 
restraints  of  law  and  order,  and  excess  of  repression  en 
genders  discontent  and  explosion.  The  golden  mean, 
which  gives  ample  freedom,  and  yet  preserves  peace  and 
justice,  is  scarcely  attained  before  it  is  disturbed  by  human 
passions.  Had  the  well  reasoned  reforms  with  which  Mr. 
Jefferson  cured  the  reactionary  and  proscriptive  tendencies 
of  Mr.  Adams's  policy  been  correctly  appreciated  by  all  of 
his  party,  serious  mischiefs  would  have  been  avoided,  and 
the  last  years  of  his  administration  remained  as  unclouded 
as  the  first.  But  the  "  zealots'*  were  not  few  who  thought 
their  chief  tame  and  hesitating,  who  looked  into  the  inau 
gural  for  something  more  trenchant  than  the  philosophic 
phrase,  "We  are  all  republicans,  we  are  all  federalists," 
and  who,  sincerely  but  unwisely,  were  for  quickly  forcing 
forward  changes  which  could  only  be  safely  accomplished 
gradually  and  by  time.  The  views  of  these  men  were 
perhaps  too  strongly  sketched  in  this  private  letter ;  but 
Mr.  Dallas  could  not  write  otherwise,  for  he  had  obviously 
no  confidence  whatever  in  their  public  virtue,  very  little 
respect  for  their  intelligence,  though  much  dread  of  their 
plausibility  and  zeal. 

During  the  following  year  (1806)  the  public  mind  was 
excited  by  the  development  of  two  criminal  cases  affecting 
the  national  interests  and  relations.  These  were  the  cases 
of  Aaron  Burr  organizing  a  military  expedition  against 
the  United  States  or  against  Mexico,  and  of  General 
Miranda,  of  Caraccas,  making  a  like  organization  prepara 
tory  to  wresting  his  country  from  colonial  dependence  on 
the  crown  of  Spain.  Both  involved,  if  nothing  more, 
misdemeanors  or  violations  of  our  neutrality  statutes,  and 
were  attended  by  circumstances  which  perplexed  the 
cabinet  of  Mr.  Jefferson.  Early  in  the  year  the  Secretary 
of  the  Navy  wrote  to  Mr.  Dallas  that,  "  strange  as  it  may 
seem,  Burr  is  certainly  at  the  head  of  a  military  expedi 
tion.  The  object  is  yet  not  known,  and  it  is  probable  that 
he  has  completely  masked  his  ultimate  design.  A  few 
days  will  ascertain  whether  the  measures  taken  will  be 
sufficient  to  support  the  enterprise.  This  small  affair  will, 


LIFE    OF  A.  J.  DALLAS.  119 

I  fear,  too  severely  test  the  energies  of  the  government. 
There  is,  indeed,  some  cause  to  apprehend  that  a  foreign 
power  has  a  finger  in  the  business." 

With  regard  to  the  proceeding  of  Miranda,  it  involved, 
as  agents  in  his  operations,  two  citizens  of  New  York, — 
William  S.  Smith  and  Samuel  G.  Ogden.  They  had 
provided  him  a  vessel,  stores,  and  armament  for  the  enter 
prise.  Upon  being  prosecuted  at  the  April  Sessions,  1806, 
of  the  circuit  court  of  the  United  States,  in  their  defence 
they  alleged  the  scheme  of  the  Spanish  patriot  to  have 
been  countenanced  by  President  Jefferson  and  the  mem 
bers  of  his  cabinet,  and  they  took  the  legal  steps  necessary 
to  compel  Mr.  Madison  and  Mr.  Robert  Smith,  official 
advisers  of  the  national  executive,  to  attend  the  trial  as 
witnesses  on  their  behalf.  The  liability  of  these  constitu 
tional  and  confidential  functionaries  to  be  drawn  away  by 
judicial  process  from  their  public  duties,  and  to  be  made 
to  disclose  consultations  with  their  colleagues,  was  thought 
open  to  question.  Mr.  Robert  Smith,  on  the  29th  May, 
1806,  wrote  to  Mr.  Dallas : 

"Yesterday,  in  great  form,  the  heads  of  department  were  sum 
moned  to  appear  in  New  York  on  the  fourteenth  of  July,  as 
witnesses  in  the  cases  against  Ogden  and  Smith.  These  two 
defendants  say  they  want  much  the  benefit  of  our  testimony. 
We  will  be,  I  suspect,  not  a  little  puzzled  as  to  the  course  proper 
to  be  pursued.  Ths  attorney-general  has,  I  am  this  moment 
informed,  given  to  the  President  an  opinion  that  the  members  of 
his  cabinet  are  not  amenable  to  such  process,  and  that  we  ought 
not  to  attend.  On  the  one  hand,  we  see  the  supremacy  of  the 
law;  on  the  other  hand,  we  see  the  inconveniences  and  injuries 
to  the  nation  from  the  suspension  of  the  operations  of  govern 
ment.  Will  your  numerous  and  important  professional  engage 
ments  allow  you  some  time  to  look  into  the  books  for  cases 
applicable  to  the  question  and  to  give  me  the  result  ?  I  would 
not,  my  good  sir,  ask  you  to  take  for  me  such  trouble  if  I  had 
here  a  library.*  In  your  communication  you  will  be  pleased  to 
state  to  me  the  duties  of  the  marshal  of  this  district,  in  case  he 
should  have  an  attachment  against  us,  and  the  legal  consequences 
to  him  in  case  he  should,  from  the  orders  of  the  President,  verbal 
or  written,  not  execute  it." 

*  Mr.  Smith,  in  addition  to  the  secretaryship  of  the  navy,  had  held 
the  office  of  attorney-general  of  the  United  States  from  March  to  Decem 
ber,  1805. 


120  LIFE    OF  A.  J.  DALLAS. 

The  attorney-general  referred  to  in  this  letter  was  John 
Breckenridge,  the  grandfather  of  the  recent  Vice-President 
of  the  United  States.  He  was  a  lawyer  of  acknowledged 
ability  and  eminence.  Mr.  Robert  Smith  says  that  he 
had  been  that  moment  "informed"  that  the  attorney-gen 
eral's  opinion  was  that  the  members  of  the  President's 
cabinet  are  "  not  amenable  to  such  process  and  that  we 
ought  not  to  attend."  This  was  probably  a  misappre 
hension,  as  to  the  precise  point  involved  in  the  inquiry. 
The  attorney-general  had  undoubtedly  as  early  as  the 
18th  of  March  preceding  looked  upon  the  meditated  de 
fence  of  Smith  and  Ogden  as  "  wholly  inadmissible,"  or 
"  if  admissible,  as  wholly  ineffectual ;"  and  the  informant 
of  Mr.  Robert  Smith  remembering  this,  erroneously  deemed 
it  equivalent  to  advice  against  the  process  and  against 
obedience  to  it.  See  Gilpin's  Opinions  of  the  Attorneys- 
General,  p.  98. 

Mr.  Dallas  replied  to  Mr.  Robert  Smith  by  transmitting 
the  following: 

NOTES. 

11  The  U.  S.  vs.  Smith  &  Ogden. 

"I.  This  is  a  criminal  prosecution  under  the  act  of  the  5th  June, 
1794. 

"1.  In  all  criminal  prosecutions  the  accused  has  a  right  to 
compulsory  process  for  obtaining  witnesses  in  his  favor.* 

"  2.  The  writ  of  subpoena,  with  an  attachment,  if  it  is  personally 
served  and  not  obeyed,  is  the  compulsory  process  generally  con 
templated  by  the  law  on  such  occasions  ;  but  it  also  has  been  de 
cided  in  the  circuit  court  of  the  Pennsylvania  district,  that  the 
accused  has  a  right  as  well  as  the  prosecutor  to  exact  a  recogni 
zance  from  his  witnesses,  binding  them  to  appear  and  testify. 

"3.  And  subpO3nas  for  witnesses  who  may  be  required  to  attend 
a  court  of  the  United  States,  in  any  district,  may  run  into  any 
other  district. 

"  4.  There  are  statute  provisions  for  taking  the  depositions  of 
witnesses  in  civil  cases  instead  of  compelling  their  personal  at 
tendance  when  they  reside  at  certain  distances  from  the  proper 
seat  of  justice,  or  are  about  to  leave  the  United  States,  or  are 
ancient  and  infirm.  These  provisions  do  not,  however,  extend  to 
criminal  cases. 

"  II.  This  being  a  criminal  prosecution,  and  the  party  accused 
being  entitled  to  a  subpoena,  it  necessarily  follows,  as  a  general  rule, 

*  Am.  Const.,  Art.  8. 


LIFE    OF  A.  J.  DALLAS.  121 

that  every  person,  within  the  jurisdiction  of  the  court,  who  is 
duly  served  with  the  process  is  bound  to  obey  it. 

"  1.  Subpoenas  for  witnesses  who  may  be  required  to  attend 
a  court  of  the  United  States  in  any  district,  may  run  into  any 
other  district,  with  a  limitation  applicable  only  to  civil  cases. 
Every  person  residing  within  any  district  of  the  United  States 
is,  therefore,  in  criminal  prosecutions,  amenable  by  a  subpoena 
to  the  jurisdiction  of  every  federal  court  of  every  district. 

"2.  There  is  a  dictum  in  Mathews  vs.  Post  that  'witnesses 
may  be  examined  before  a  judge  by  leave  of  court,  as  well  in 
criminal  cases  as  in  civil,  where  a  sufficient  reason  appears,  as 
going  to  sea,  etc.,  and  then  the  other  side  may  cross-examine 
them  ;'  but  tire  dictum  is  not  satisfactory  in  itself,  imports  the 
consent  of  the  party  who  requires  the  evidence  ;  and  the  deposi 
tions  could  not  be  read  if  the  witnesses  remained  within  the 
jurisdiction  of  the  court  at  the  time  of  the  trial. 

"  3.  In  Moystin  vs.  Fabrigas,*  Lord  Mansfield  states  the  only 
accommodation  that  can  be  afforded  in  a  criminal  prosecution 
where  a  material  witness  for  the  defendant  resides  out  of  the 
jurisdiction  of  the  court.  'If,'  says  the  judge,  'the  defendant 
wants  the  testimony  of  witnesses  whom  he  cannot  compel  to  at 
tend,  the  court  may  do  what  the  court  did  in  the  case  of  the 
criminal  prosecution  of  a  woman  who  had  received  a  pension  as 
an  officer's  widow,  and  it  was  charged  in  the  indictment  that  she 
never  was  married  to  him.  She  alleged  a  marriage  in  Scotland, 
but  that  she  could  not  compel  her  witnesses  to  come  up  and  give 
evidence.  The  court  obliged  the  prosecutor  to  consent  that  the 
witnesses  might  be  examined  before  any  of  the  judges  of  the 
court  of  session,  or  any  of  the  barons  of  the  court  of  exchequer  in 
Scotland,  and  that  the  depositions  so  taken  should  be  read  at  the 
trial.  And  they  declared  that  they  would  put  off  the  trial  of  the 
indictment  from  time  to  time  unless  the  prosecutor  had  so  con 
sented.' 

"  4.  The  above  shows  the  remedy  for  the  defendant.  A  case 
decided  in  the  circuit  court  of  the  Pennsylvania  district  shows 
that  similar  terms  will  be  imposed  on  a  defendant  applying  for 
the  postponement  of  his  trial.  A.  B.  was  indicted  for  murder  on 
the  high  seas.  He  had  neglected  to  bind  his  witnesses  over,  and 
moved  for  the  postponement  upon  an  affidavit  of  their  materiality 
and  their  absence.  The  court  granted  the  motion  with  the  ex 
press  condition  that  the  depositions  of  the  witnesses  for  the  pros 
ecution  (seafaring  men)  should  be  taken,  to  be  read  at  all  events 
in  evidence  at  the  trial. 


*  Cowp.,  174,  175. 
9 


122  LIFE    OF  A.  J.  DALLAS. 

"  III.  Such  being  the  general  rule,  is  there  any  positive  privi 
lege,  or  implied  exemption,  which  furnishes  an  exception  to  it? 

"  1.  The  senators  and  representatives  of  the  United  States  are 
privileged  in  all  cases,  except  treason,  felony,  and  breach  of  the 
peace,  from  arrest  during  their  attendance  in  Congress.  This 
privilege,  however,  has  never  been  deemed  to  operate  as  a  dis 
pensation  from  the  obligations  of  a  witness.  The  comity  of  one 
department  of  the  government  towards  another  may,  indeed, 
induce  a  court  of  justice  to  send  a  letter  to  the  speaker  or  the 
witness,  instead  of  a  subpoena ;  and  if  a  collision  of  public 
duties  should  prevent  an  immediate  attendance,  the  trial  would 
probably  for  that  cause  be  postponed.  But  in  a  criminal  prose 
cution  no  other  expedient  could  be  adopted  without  the  consent 
of  the  party  accused.  The  practice  in  England,  and  the  prac 
tice  in  the  United  States,  correspond  substantially  on  this 
point.* 

"  2.  There  is  not  any  constitutional  or  legislative  provision  de 
claratory  of  a  similar  privilege  in  favor  of  the  President  or  the 
auxiliary  officers  of  the  executive  department,  any  more  than  in 
favor  of  the  judges.  Whether  it  is  not  implied  on  principles  of 
public  policy,  and  on  a  parity  of  reasoning,  that  the  President 
(chosen  by  the  people  and  constantly  occupied  with  public 
business  which  no  one  else  can  perform)  should  be  privileged  to 
the  same  extent  as  the  senators  and  representatives,  is  a  question 
not  easy,  nor  necessary,  for  the  present  to  be  decided;  but  his 
case  is  certainly  distinguishable  from  the  case  of  the  auxiliary 
officers  whom  he  voluntarily  constituted  a  cabinet  council,  and 
whose  places,  whether  in  their  own  departments  or  in  his  coun 
cil,  he  can,  at  pleasure,  vacate  and  supply.  On  principle,  and 
from  experience,  such  officers  cannot  be  considered  as  exempted 
even  from  the  ordinary  process  of  law,  in  suits  for  debts  or 
torts. 

"  3.  In  England  there  is  no  such  exemption  claimed  for  the 
privy  council  or  the  cabinet  of  the  monarch.  From  many  in 
stances  take  the  following  :  In  the  King  vs.  Home,  for  a  libel 
on  the  government,  in  the  year  1774,  Lord  George  Germaine 
and  other  cabinet  ministers  were  subpoenaed  by  the  defendant. 
In  the  King  vs.  Horn  Tooke,  for  high  treason,  in  1794,  Mr.  Pitt, 
the  prime  minister,  was  subpoenaed  and  examined  by  the  de 
fendant,  f 

"  In  the  case  of  the  ship  Columbus,  the  judge  of  the  high  court 
of  admiralty,  speaking  of  an  order  of  the  privy  council  dispensing 
with  the  operation  of  a  statute  (for  a  copy  of  which  order  fre 
quent  applications  had  been  made  to  government),  uses  the  fol- 

*  See  United  States  vs.  T.  Cooper,  pp.  8,  9,  14,  15. 
t  11  State  Trials. 


LIFE    OF  A,  J.  DALLAS.  123 

lowing  strong  language  applicable  perhaps  in  principle  to  the 
present  question  :  '  In  any  cause  where  the  crown  is  a  party,  it 
is  to  be  observed  that  the  crown  can  no  more  withhold  evidence 
of  documents  in  its  possession  than  a  private  person.  If  the 
court  thinks  proper  to  order  the  production  of  any  public  instru 
ment,  that  order  must  be  obeyed.  It  wants  no  insignia  of  an 
authority  derived  from  the  crown.  The  order  will  enforce  itself; 
for,  if  a  party  suing  refuses  to  produce  a  necessary  document, 
what  follows? — he  shall  take  nothing  by  his  petition.' 

"  4.  But  in  America  there  is  likewise  some  judicial  authority 
upon  the  subject.  In  the  United  States  vs.  Cooper,  the  defend 
ant  issued  a  subpoena  for  a  number  of  members  of  Congress,  for 
Timothy  Pickering,  then  Secretary  of  State,  and  for  Jacob  Wag 
ner,  his  chief  clerk,  who  attended  in  obedience  to  the  process. 
In  the  same  case,  the  court  refused  to  issue  a  subpoena  to  the 
President ;  but  not  on  the  ground  of  privilege,  or  exemption. 
On  the  contrary,  the  judge  expressly  stated:  'It  is  not  upon  the 
objection  of  privilege  that  we  have  refused  this  subpoena.  This 
court  will  do  its  duty  against  any  man,  however  elevated  his 
situation  may  be.  You  have  mistaken  the  ground.  We  are  of 
opinion  that  in  the  case  of  a  prosecution  for  a  libel  to  bring  the 
President  of  the  United  States  into  contempt,  he  cannot  be 
compelled  to  appear  at  all.  When  the  clerk  of  the  court  applied 
for  advice  he  was  informed  that  he  acted  very  properly  in  re 
fusing  the  subpoena,  and  that  Mr.  Cooper  ought  to  know  that  the 
President  could  not  be  subpoenaed,  he  being  a  party  in  the 
cause.' 

"  IV.  Thus,  every  person  within  the  United  States  is  amena 
ble,  in  a  criminal  prosecution,  by  subpoena,  to  the  jurisdiction  of 
a  federal  court,  whatever  may  be  his  office  in  the  legislative, 
executive,  or  judicial  departments.  But,  independent  of  the  re 
marks  already  made  relative  to  members  of  Congress,  these 
considerations  must  not  be  omitted : 

"  1.  The  court  issuing  the  subpoena  will  exercise  its  judgment 
upon  any  reasons  offered  for  the  witnesses  not  attending  at  the 
time  of  trial,  or  for  their  not  attending  at  all.  If  there  exist  a 
temporary  collision  of  public  duties,  legislative,  executive,  or 
judicial,  on  the  information  of  the  attorney  of  the  district,  the 
disobedience  would  not  be  regarded  as  a  contempt.  If  the  com 
petency  and  materiality  of  the  witnesses'  on  the  issue  to  be  tried 
did  not  sufficiently  appear,  the  subpoena  might  be  deemed  irregu 
lar,  and  an  attachment  would  not  issue  for  disobedience. 

"  2.  The  necessity  of  obeying  the  subpoena  does  not  involve  a 
necessity  of  giving  evidence  on  points  of  a  political  and  con 
fidential  character,  arising  from  the  official  relation  between  the 
heads  of  departments  and  the  President.  '  Where  the  heads  of 
the  departments  are  the  political  or  confidential  agents  of  the 


124  LIFE    OF  A.  J.  DALLAS. 

executive,  merely  to  execute  the  will  of  the  President,  or  rather 
to  act  in  cases  in  which  the  executive  possesses  a  constitutional 
or  legal  discretion,  nothing  can  be  more  perfectly  clear  than  that 
their  acts  are  only  politically  examinable.  But  \vhere  a  specific 
duty  is  assigned  by  law,  and  individual  rights  depend  upon  the 
performance  of  that  duty,  it  seems  equally  clear  that  the  indi 
vidual  who  considers  himself  injured,  has  a  right  to  resort  to  the 
laws  of  his  country  for  a  remedy.' " 

These  "notes"  were  highly  acceptable  to  Mr.  Smith, 
who,  in  a  subsequent  letter  of  the  9th  of  June,  1806, 
spoke  of  them  as  ably  supporting  the  attitude  he  alone 
had  taken  in  the  cabinet  on  the  question  they  reviewed. 
lie  seems  to  have  been  so  much  strengthened  by  their 
clear  and  systematic  result  that  he  was  unable  to  avoid 
an  additional  call  upon  their  author  in  a  series  of  ques 
tions  respecting  other  legal  points. 

It  would  be  difficult  to  imagine  a  state  of  political 
party  more  fierce  and  unchecked  than  the  one  which  raged 
about  this  time.  The  intemperance  which  characterized 
the  epoch  of  what  has  been  known  as  our  "Reign  of  Ter 
ror"  at  the  close  of  Mr.  John  Adams's  presidency,  was 
augmented  by  the  bitterness  always  incident  to  the  sud 
den  alienation  of  former  associates.  During  the  struggle 
to  stem  the  torrent,  sustained  gallantly  by  the  Constitu 
tional  Republicans,  the  unbridled  licentiousness  of  the 
press  seems  to  have  spurned  all  limit  or  restraint.  An 
audacious  wholesale  libel,  called  "The  Quid  Mirror,"  set 
an  example  of  private  personal  defamation  altogether  ex 
ceeding  former  experience.  Howr  far  these  malignant 
slanders  affected  Mr.  Dallas,  it  is  difficult  to  say.  Un 
doubtedly  of  a  warm  temperament  and  occasionally  irri 
table,  he  w^as  yet  never  heard  to  utter  an  expression  of 
hatred  or  a  wish  for  revenge.  His  surprise  at  the  in 
ventive  hardihood  of  the  calumniator  was  generally  the 
only  apparent  reception  it  obtained  from  him;  yet,  some 
times  mortification,  and  sometimes  scornful  defiance, 
shaded  his  countenance.  Few  men  have  endured  a 
greater  amount  of  virulent  attack,  and  in  relation  to  very 
few  was  it  ever  less  warranted  by  personal  demeanor  or 
official  conduct.  Although  himself  incapable  of  degrading 
his  pen,  his  speech,  or  his  heart  to  anything  of  the  sort, 
he  knew  well  the  detraction  to  which  inferior  souls  were 
prone  to  lend  their  narrow  powers.  Into  his  proceedings 


LIFE   OF  A.  J.  DALLAS.  125 

as  a  public  agent  he  challenged  scrutiny,  and  was  deaf  to 
invective.  Yet,  though  perhaps  still  brighter  in  the  family 
circle,  he  vibrated  with  acute  sensibility  at  the  least  in 
sinuation  against  his  domestic  character.  This  seeming 
contrariety  needs  no  explanation  to  generous  minds.  It 
is  a  simple  and  not  an  unpleasant  task  to  vindicate  official 
probity  and  skill ;  but  no  one  can,  without  extreme  re 
luctance,  even  for  the  mere  purpose  of  exculpation,  osten 
tatiously  parade  his  own  social  virtues,  or  expose  the 
tender  privacy  of  his  home.  As  the  servant  of  the  people 
he  could  point  at  once,  and  with  pride,  to  the  vouchers 
of  his  purity;  but  as  a  husband,  father,  or  friend,  the 
evidences  of  his  value  were  too  delicate  to  be  so  treated. 
Fortunately,  he  was  known  and  respected  in  these  rela 
tions  so  extensively  and  well,  that  his  unscrupulous  assail 
ants  rarely  felt  encouragement  for  attacks  whose  falsity 
and  malice  would  be  glaring. 

Mr.  Madison  was  inaugurated  President  on  the  4th  of 
March,  1809.  Although  any  attempt  to  delineate  the 
measures  of  his  administration  would  be  misplaced  here, 
and  will  be  avoided,  yet,  as  Mr.  Dallas,  at  a  subsequent 
period,  became  a  member  of  his  cabinet,  it  would  seem 
indispensable  to  a  just  appreciation  of  that  step  that  at 
least  a  cursory  recurrence  to  leading  circumstances  should 
be  had. 

A  very  general  belief  prevailed  among  the  people  of 
the  United  States  that  a  war  with  Great  Britain  had  be 
come  necessary  to  maintain  the  national  interests  and 
honor.  Mr.  Jefferson  had  gone,  in  a  policy  of  forbearance 
and  seclusion,  steadily  pursued  for  eight  years,  as  far  as 
the  public  spirit  could  bear.  He  accomplished  nothing. 
The  aggressions  upon  our  rights  were  as  numerous  and 
as  arrogant  as  ever.  It  was  time  to  turn  and  stand  at 
bay. 

Hence,  soon  after  Congress  had  convened  on  the  27th 
of  November,  1809,  a  calm  observer  could  not  fail  to  note 
a  tendency  towards  military  preparation.  The  joint  legis 
lative  resolution,  too,  which  denounced  as  "  highly  indec 
orous  and  insolent,"  and  as  "a  direct  and  aggravated 
insult  and  affront  to  the  American  people  and  their 
government,"  certain  conduct  of  the  minister  plenipoten 
tiary  of  his  Britannic  Majestj-,  coupled  with  a  pledge  "to 
call  into  action  the  whole  force  of  the  nation  should  it 


126  LIFE   OF  A.  J.  DALLAS. 

become  necessary,"  strongly  evinced  the  universal  sensi 
bility.  While  the  President  was  directed  to  announce  by 
proclamation  any  revocation  or  modification  of  the  orders 
in  council  which  violated  our  neutral  commerce,  acts  were 
passed  to  raise  more  regular  forces,  to  organize  fifty 
thousand  volunteers,  to  equip  new  vessels  of  war,  to  call 
upon  the  State  executives  to  hold  in  readiness  an  aggre 
gate  of  one  hundred  thousand  militia,  to  enlarge  the  corps 
of  engineers,  and  to  establish  an  ordnance  department. 

Notwithstanding  these  manifestations,  which  in  truth, 
though  publicly,  were  also  quietly  made,  when  Congress, 
on  the  18th  of  June,  1812,  declared  war  to  exist,  our 
enemy  was  measurably  taken  by  surprise.  The  campaigns 
of  1813  and  1814,  marked  by  alternations  of  success  and 
defeat,  were  on  the  whole  calculated  to  gratify  the  pride 
of  our  people,  and  to  abate  the  despondency  incident  to 
an  empty  treasury,  aggravated  by  plots  of  secession  at 
Hartford.  On  the  ocean,  the  theatre  of  our  chief  griev 
ances,  we  had  dispelled  the  pretension  of  British  invinci 
bility;  the  Great  Lakes  had  witnessed  several  signal 
triumphs  of  our' flag;  and  the  gallantry  of  our  officers 
and  soldiers  had  ceased  to  be  doubted.  In  another  cam 
paign,  with  finances  resolutely  handled,  and  means  vigor 
ously  applied  to  the  exigencies  of  the  struggle,  we  might 
accomplish  still  more. 

When  Mr.  Gallatin  and  Mr.  Bayard  left  the  United 
States,  in  May,  1813,  to  associate  themselves  with  Mr. 
J.  Q.  Adams  in  forming  a  joint  embassy  at  St.  Petersburg, 
having  for  its  purpose  the  negotiation  of  a  peace  under  the 
mediation  of  the  Czar  Alexander,  the  Treasury  Depart 
ment,  according  to  what  was  then  understood  to  be  legally 
permitted,  had  been  placed  in  charge  of  the  Secretary  of 
the  Navy,  in  the  expectation  of  Mr.  Gallatin's  early  return 
to  it.  His  protracted  detention  abroad,  however,  led  Mr. 
Madison  earnestly  to  invite  Mr.  Dallas  to  that  important 
post  by  letter  dated  the  1st  of  February,  1814.  Among 
other  reasons  for  declining  the  proffer,  he  seems  to  have 
thought  that  as  yet  the  measure  of  delay  was  not  adequate 
to  the  delicacy  with  which  Mr.  Gallatin  might,  under  all 
the  circumstances,  expect  to  be  treated.  The  resignation 
of  Mr.  William  Pinkney,  attorney-general,  was  mentioned 
at  the  same  time,  and  his  choice  between  the  two  stations 
urgently  requested. 


LIFE    OF  A.  J.  DALLAS.  127 

"MY  DEAR  SIR, — I  hasten  to  acknowledge  the  receipt  of  your 
letter  of  the  1st  current.  I  feel  with  unaffected  sensibility  the 
proofs  which  your  letter  affords  of  the  President's  confidence  and 
kindness;  nor  could  ambition  lead  me  to  any  higher  gratification 
than  that  of  being  associated  in  public  business  with  Mr.  Madi 
son,  Mr.  Monroe,  and  yourself. 

"But,  notwithstanding  rny  disposition  to  meet  a  wish  so 
obligingly  expressed,  by  the  sacrifice  of  every  personal  considera 
tion,  I  must  at  once  decline  the  secretary's  office.  Many  of  the 
reasons  which  enforce  this  decision  you  already  know;  and  you 
will  give  me  credit  for  others  which  it  would,  perhaps,  be  im 
proper  to  express. 

"  In  the  office  of  attorney-general  I  might  hope  to  serve  the 
government,  and  to  indulge  my  domestic  and  professional  views, 
if  a  permanent  residence  at  Washington  had  not  been  made  in 
dispensable.  Upon  that  condition  it  is  impossible  that  I  should 
accept  the  office. 

"  I  pray  you,  therefore,  my  dear  sir,  to  present  an  apology  for 
me  to  the  President,  and  to  impress  on  his  mind  a  conviction  of 
the  sincerity  of  my  grateful  acknowledgments. 

"  You  will  believe  me  on  all  occasions  to  be 

"Your  affectionate  friend  and  servant, 

"A.  J.  DALLAS. 
"Hon.  W.  JONES,  Secretary  of  the  Navy. 

"3d  February,  1814." 

Mr.  George  W.  Campbell  was  appointed  on  the  9th  of 
February,  1814;  but  this  gentleman  soon  desired  to  be 
relieved  from  so  arduous  and  augmenting  a  responsibility. 
It  was  then  that  Mr.  Dallas  was  apprised,  for  the  second 
time,  that  the  President  was  more  anxious  than  ever  for 
his  co-operation  in  the  cabinet.  lie  hesitated.  Our 
finances  have,  almost  without  exception,  been  superin 
tended  by  distinguished  members  of  the  bar.  And  yet 
there  is  no  occupation  of  civil  life  more  injuriously  affected 
by  a  prolonged  intermission  than  legal  practice.  lie  had 
no  fortune.  His  generous  hospitality  precluded  accumu 
lation  even  from  the  profits  of  his  profession,  although 
they  exceeded  annually  twenty  thousand  dollars.  The 
salary  attached  to  the  offered  department  was  compara 
tively  insignificant.  He  looked  around  upon  his  family, 
and,  as  has  been  said,  he  hesitated. 

But  he  was  too  buoyant  to  continue  depressed  by  per 
sonal  considerations.  The  national  ones  weighed  heavily 
and  persuasively  upon  his  reflections.  He  had  early 


128  LIFE    OF  A.  J.  DALLAS. 

identified  himself  with  the  eminent  statesmen  of  the  Re 
publican  party,  whose  course  of  measures  he  upheld;  and 
he  was  reluctant  to  disclaim  the  duty  of  standing  loyally 
by  them  on  so  emergent  an  occasion.  Only  two  years 
before,  the  expediency  of  invigorating  the  government  by 
drawing  Mr.  Jefferson  into  its  circle  again  had  been 
devised,  and  he  had  then  written  eagerly  in  approval : 

"  19  September,  1812. 

"  The  times  are  critical.  Nothing  could  he  more  apropos  than 
the  appearance  of  Mr.  Jefferson  once  more  upon  the  field  of  active 
politics.  The  event  would  demonstrate  the  highest  sense  of  pa 
triotism  on  his  part,  and  on  the  part  of  the  people  would  insure 
confidence  and  energy.  There  is  at  present  an  evident  anxiety 
among  the  best  friends  of  the  administration  ;  arid  a  mere  change 
of  men  seems  to  promise  relief  to  our  feverish  Republicans,  as  a 
change  of  posture  flatters  the  pains  of  the  bedridden  patient. 
The  re-election  of  Mr.  Madison  is,  under  any  circumstances,  cer 
tain;  but,  with  the  aid  of  Mr.  Jefferson's  popularity,  we  shall 
make  assurance  double  sure,  and  take  a  bond  of  fate.  I  do  not, 
however,  relish  the  retreat  of  Mr.  Monroe  from  the  cabinet  He 
has  not  only  the  talents  but  the  good  fortune  to  command  gen 
eral  esteem  and  approbation  as  a  patriot  and  a  statesman.  My 
consolation  will  be  that  he  continues  in  the  public  service,  and 
that  when  his  sword  has  triumphed  his  pen  will  be  resumed. 
Of  the  other  departments  of  government,  you  see  what  is  writ 
ten,  but  you  do  not  perhaps  hear  all  that  is  said.  Our  friends 
Eustis  and  Hamilton  must  do  something  great  and  brilliant  to 
meet  the  public  demand,  and  to  redeem  the  pledges  of  their  own 
character.  If  the  woods  should  not  soon  present  us  with  an 
antidote  for  the  cowardice  or  defection  of  a  general,  and  the 
waters  should  not  shine  with  the  effects  of  the  glorious  example 
of  our  naval  Hull,  depend  upon  it  the  people  will  complain  that 
the  capacity  to  wage  war  does  not  correspond  with  the  spirit  that 
declared  it.  Do  think  ivell,  and  think  always,  on  this  subject  at 
Washington." 

He  was  much  affected  too,  in  his  decision,  by  discover 
ing,  through  a  host  of  correspondents  in  the  chief  marts 
of  business,  money,  and  commerce,  that,  as  soon  as  Mr. 
Madison's  disposition  to  summon  him  vfcis  rumored,  great 
anxiety  prevailed  lest  he  should  decline  the  appointment. 
Capitalists  at  that  juncture,  not  numerous  but  vastly  im 
portant, —  the  Grays,  Primes,  Astors,  Barkers,  Girards, 
Parrishes,  Olivers,  Buchanans, — eagerly  expressed  their 


LIFE    OF  A.  J.  DALLAS.  129 

confidence  in  his  character  and  abilit}T,  and  augured  the 
most  favorable  results  to  the  public  credit  and  securities 
if  he  entered  the  treasury.  It  was  impressive  to  be  told, 
as  he  was  told,  by  those  whose  fortunes  were  at  hazard 
and  whose  feelings  wrere  keenest,  that  he  h?d  it  in  his 
power  to  reanimate  the  federal  finances  and  to  rekindle 
their  own  inclination  to  contribute,  at  that  gloomy  period, 
to  the  support  of  government. 

He  was  not  blind  to  the  herculean  nature  of  the  task. 
With  all  its  obvious  dangers  and  embarrassments,  it  was 
also  to  him  novel  and  untried.  To  ward  off  anticipated 
bankruptcy ;  to  satisfy  the  public  creditors,  alarmed  and 
clamorous ;  to  meet  the  numberless  demands  of  the  mil 
itary  establishment,  with  coffers  already  drained  and  a 
currency  depreciated,  dishonored,  and  worthless, — seemed 
to  require  the  attainments  and  skill  of  an  adept.  How 
was  the  raw  recruit  to  encounter  and  overcome  terrors 
which  had  driven  the  veteran  from  the  field  ?  It  was, 
nevertheless,  the  forlorn-hope,  whose  hazard  and  diffi 
culty  faded  when  contrasted  with  the  glory  of  possible 
success ;  and  on  the  event  of  which  it  seemed  a  sacred 
duty  of  patriotism  to  risk  fame,  fortune,  and  life. 

A  few  days  after  he  had  communicated  his  determina 
tion  to  the  President,  he  wrote  to  Mr.  Rush  (then  attorney- 
general)  the  following  letter:' 

"  7  October,  1814. 

"MY  DEAR  SIR, — The  kindness  of  my  friends  affords  the  only 
relief  from-  the  consciousness  of  the  very  hazardous  and  per 
haps  indiscreet  step  which  I  have  consented  to  take.  Those 
who  consider  my  present  situation  in  the  profession,  and  who 
know  the  superlative  enjoyments  of  my  domestic  scene,  will  not 
ascribe  to  me  a  motive  of  interest  or  ambition.  But  even  they 
will  doubt  the  correctness  of  my  judgment  while  they  approve 
the  public  motives  which  can  alone  account  for  my  conduct. 
There  are  others  who  will  arraign  me  in  every  way  from  party, 
possibly  from  personal  excitements.  These  must  be  answered  by 
my  actions  ;  and  I  will  not  despair,  but  that  with  good  intentions, 
and  the  co-operation  of  good  men,  I  may,  through  toil  and 
trouble,  perform  some  service  for  the  State.  On  your  attach 
ment  I  implicitly  rely. 

"My  son  George  surprised  the  family  last  night  on  his  way 
from  Ghent  to  Washington.  We  passed  only  an  hour  with  him  ; 
and  he  proceeded,  if  not  to  surprise,  to  animate  the  legislative 
patriots,  who  are  fortunately  assembled  on  the  Potomac. 


130  LIFE    OF  A.  J.  DALLAS. 

"  Tell  our  friend  Ingersoll  that  I  expect  great  comfort  and 
support  from  him. 

"I  am,  dear  sir,  very  sincerely  and  affectionately  yours, 

"A.  J.  DALLAS." 

His  nomination  had  been  confirmed  by  the  Senate  on 
the  day  of  the  date  of  this  letter. 

Congress  had  met  on  the  nineteenth  of  September,  and 
were  engaged  in  perfecting  measures  connected  with  the 
war.  Notwithstanding  the  conciliatory  disposition  man 
ifested  by  the  American  cabinet,  who  had  embraced, 
without  hesitation,  the  proffered  mediation  of  the  Rus 
sian  emperor,  and  who  subsequently  sent  a  numerous 
embassy  to  Ghent,  little  or  no  hope  was  entertained  of 
an  early  termination  of  hostilities.  The  latest  informa 
tion,  indeed,  reaching  this  country  immediately  prior  to 
the  departure  of  Mr.  Dallas  for  Washington,  gave  reason 
to  believe  that  the  British  ministry  were  resolved  to  pro 
long  the  strife,  in  the  expectation  of  ultimately  triumph 
ing  through  our  fomented  dissensions  or  by  our  fiscal 
debility.  In  general  opinion,  peace  seemed  farther  re 
moved  than  ever;  and  the  necessity  of  raising  additional 
armies  and  launching  additional  fleets  became  as  obvious 
as  was  the  total  incapacity  of  the  treasury  to  supply  their 
wants.  The  dismal  disorder  of  the  currency,  the  panic  of 
impending  bankruptcy  pervading  our  moneyed  corpora 
tions  and  introducing  evils  worse  than  those  they  desired 
to  avoid,  the  impracticability  of  forwarding  funds  from 
and  to  distant  points,  and  the  consequent  failure  on  the 
part  of  the  executive  everywhere  to  meet  the  public  en 
gagements,  inspired  a  dread  that  our  finances  were  beyond 
the  reach  of  extrication,  and  must  soon  plunge  into  cha 
otic  ruin.  The  solid  resources  of  a  rich  and  patriotic 
people  were  as  yet  undiminished,  almost  untouched  ;  but 
it  was  evident  that  circumstances  had  conspired  to  ob 
struct  their  flow,  keeping  them  stagnant  and  useless. 

The  spirit  and  practice  of  economy  were  fastened  upon 
the  federal  government  under  the  auspices  of  Mr.  Jeffer 
son.  He  strove  hard  so  to  reduce  the  taxation  of  this 
republican  country  that  it  should  be  almost  insensible  to 
its  citizens.  For  many  years  the  far  greater  portion  of 
our  national  income  was  drawn  from  the  charges  upon 
alien  commerce;  and  while  the  pacific  inclinations  of  the 


LIFE    OF  A.  J.  DALLAS.  131 

President  were  allowed  to  remain  undisturbed,  the  in 
dustry  and  enterprise  of  the  mercantile  class  made  this 
item  of  receipt  adequate  to  the  wants  and  objects  of  our 
political  union.  A  system,  however,  founded  upon  foreign 
trade,  was  dependent  upon  the  continuation  of  peace. 
This  great  Democratic  statesman  took  with  him  into  the 
presidential  office  theories  and  plans  admirably  adapted 
to  the  United  States  at  the  time  of  his  election.  Alike 
the  scrutinizing  philosopher  and  the  forecasting  patriot, 
he  was  inflexible  against  every  expenditure  not  plainly 
indispensable,  and  against  the  disturbing  and  impover 
ishing  complications  of  external  Avar.  All  his  financial 
arrangements  bore  this  stamp.  His  success  was  followed 
by  applause  and  by  increased  popularity.  His  Republican 
disciples  perceived  in  the  course  adopted  the  true  means 
for  extending  and  perpetuating  their  party  ascendency, 
as  the  people  at  large  could  not  but  feel  and  own  the 
blessings  it  diffused.  Nevertheless,  they  who  had  the 
wisdom  and  virtue  to  inculcate  and  exemplify  such  a  prin 
ciple  of  administration  might  well  depart  from  it  on  a 
coerced  change  of  circumstances,  without  fearing  to  be 
taunted  with  inconsistency,  and  without  endangering  in 
the  least  their  acquired  reputation.  History  teems  with 
political  epochs  at  which  wealth  lost  its  value,  or  retained 
it  only  by  being  lavished  on  superior  objects.  War  always 
creates  such  an  epoch.  But  the  magical  results  achieved 
by  Mr.  Jefferson  had  produced  too  deep  an  impression, 
and  even  Mr.  Gallatin,  whose  ability  and  skill  no  one 
doubted  or  doubts,  acknowledged  a  faltering  reluctance, 
resembling  superstitious  dread,  at  every  step  deviating 
from  his  accustomed  path. 

The  new  secretary  had  reflected  and  decided  upon  his 
course.  It  was  exceedingly  at  variance  with  current  pre 
judices  and  plans.  On  the  17th  of  October,  1814,  "  at 
the  moment,"  he  says,  "of  entering  upon  the  duties  of 
office,"  he  addressed  a  letter  to  the  Committee  of  Ways 
and  Means,  of  which  the  son-in-law  of  Mr.  Jefferson,  Mr. 
Eppes,  was  chairman,  and  then,  at  the  very  start,  he 
unfolded  distinctly  the  scheme  of  vigorous  action  he  in 
tended  to  pursue.  (Appendix  No.  4.)  He  told  them  that 
the  state  of  the  finances  could  not  be  ascribed  to  the 
want  of  resources  or  of  integrity  in  the  nation,  but  arose 
clearly  from  inadequate  taxation  and  from  an  absence  of  the 


132  LIFE    OF  A.  J.  DALLAS. 

means  adapted  to  anticipate,  collect,  and  distribute  revenue;  that 
the  wealth  of  the  nation  had  been  untouched  by  govern 
ment,  and  its  faith,  heretofore  relied  upon;  and  that  a 
prompt  and  resolute  application  of  its  resources  would 
relieve  every  embarrassment. 

"It  would  be  vain  to  attempt  to  disguise,  and  it  would  be 
pernicious  to  palliate  the  difficulties  which  are  now  to  be  over 
come.  The  exigencies  of  the  government  require  a  supply  of 
treasure  for  the  prosecution  of  the  war  beyond  any  amount  which 
it  would  be  politic,  even  if  it  were  practicable,  to  raise  by  an 
immediate  and  constant  imposition  of  taxes.  There  must  there 
fore  be  a  resort  to  credit  for  a  considerable  portion  of  the  supply. 
But  the  public  credit  is  at  this  juncture  so  depressed  that  no 
hope  of  adequate  succor  on  moderate  terms  can  safely  rest  upon 
it.  Hence  it  becomes  the  object,  first  and  last,  in  every  practi 
cal  scheme  of  finance,  to  reanimate  the  confidence  of  the  citizens, 
and  to  impress  on  the  mind  of  every  man,  who  for  the  public 
account  renders  services,  furnishes  supplies,  or  advances  money, 
a  conviction  of  the  punctuality  as  well  as  of  the  security  of  the 
government." 

He  then  proceeded  to  press  upon  the  committee  the 
establishment  of  a  national  bank,  operating  upon  credit, 
combined  with  capital,  as  the  only  efficient  remedy  for 
the  immensely  disordered  condition  of  the  circulating 
medium.  And  after  fully  detailing,  under  six  heads  of 
substantive  propositions,  the  specific  measures  from  which 
relief  might  be  certainly  and  speedily  derived,  he  strives 
to  remove  from  the  project  of  a  bank  the  constitutional 
objection  by  the  following  course  of  remark,  subsequently, 
in  one  of  his  messages,  adopted  and  repeated  by  President 
Madison  as  entirely  just  and  satisfactory: 

"  In  making  a  proposition  for  the  establishment  of  a  national 
bank,  I  cannot  be  insensible  to  the  higk.  authority  of  the  names 
which  have  appeared  in  opposition  to  that  measure  upon  consti 
tutional  grounds.  It  would  be  presumptuous  to  conjecture  that 
the  sentiments  which  actuated  the  opposition  have  passed  away; 
and  yet  it  would  be  denying  to  experience  a  great  practical 
advantage  were  we  to  suppose  that  a  difference  of  times  and 
circumstances  would  not  produce  a  corresponding  difference  in 
the  opinions  of  the  wisest  as  well  as  of  the  purest  men.  But  in 
the  present  case,  a  change  of  private  opinion  is  not  material  to 
the  success  of  the  proposition  for  establishing  a  national  bank. 
In  the  administration  of  human  affairs  there  must  be  a  period 
when  discussion  shall  cease,  and  decision  shall  become  absolute. 


LIFE    OF  A.  J.  DALLAS.  133 

A  diversity  of  opinion  may  honorably  survive  the  contest;  but 
upon  the  genuine  principles  of  a  representative  government,  the 
opinion  of  the  majority  can  alone  be  carried  into  action.  The 
judge  who  dissents  from  the  majority  of  the  bench  changes  not  his 
opinion,  but  performs  his  duty,  when  he  enforces  the  judgment 
of  the  court,  although  it  is  contrary  to  his  own  convictions.  An 
oath  to  support  the  constitution  and  laws  is  not,  therefore,  an  oath 
to  support  them  under  all  circumstances  according  to  the  opinion 
of  the  individual  who  takes  it,  but  it  is  emphatically  an  oath  to 
support  them  according  to  the  interpretation  of  the  legitimate 
authorities.  .  .  .  When,  therefore,  we  have  marked  the  existence 
of  a  national  bank  for  a  period  of  twenty  years,  with  all  the 
sanctions  of  the  legislative,  executive,  and  judicial  authorities; 
when  we  have  seen  the  dissolution  of  one  institution,  and  heard 
a  loud  and  continued  call  for  the  establishment  of  another  ;  when, 
under  these  circumstances,  neither  Congress  nor  the  several 
States  have  resorted  to  the  power  of  amendment, — can  it  be 
deemed  a  violation  of  the  right  of  private  opinion  to  consider 
the  constitutionality  of  a  national  bank  as  a  question  forever 
settled  and  at  rest?  But,  after  all,  I  should  not  merit  the  confi 
dence  which  it  will  be  my  ambition  to  acquire,  if  I  were  to  sup 
press  the  declaration  of  an  opinion  that,  in  these  times,  the 
establishment  of  a  national  bank  will  not  only  be  useful  in  pro 
moting  the  general  welfare,  but  that  it  is  necessary  and  proper 
for  carrying  into  execution  some  of  the  most  important  powers 
constitutionally  vested  in  the  government." 

This  paper,  submitted  immediately  to  Congress  and  the 
country,  produced  a  powerful  impression.  Its  combined 
ability,  courage,  and  directness  were  universally  extolled. 
Some,  to  be  sure,  would  have  wished  the  weakness  of  the 
situation  less  nakedly  exposed,  while  others  deemed  that 
very  intrepidity  of  development  a  rare  official  excellence. 
A  few  timid  Republicans  winced  under  its  demand  for 
taxation  and  a  bank,  but  the  great  body  of  their  party 
gave  a  cheerful  adhesion  to  what  was  so  necessary  to  the 
success  of  the  war  and  the  credit  of  the  government. 
The  secretary's  position  as  a  financier,  full  of  the  resources 
of  talent  and  of  high  moral  energy,  could  not,  after  this 
act,  be  shaded  by  the  slightest  doubt  or  misgiving.  What 
was  said  of  William  Pitt  when,  in  February,  1781,  he 
made  his  first  speech  in  the  House  of  Commons,  may  be 
thought  to  apply :  "Never  were  higher  expectations  formed 
of  any  person  upon  his  first  coming  into  Parliament,  and 
never  were  expectations  more  completely  fulfilled.  Not 


134  LIFE    OF  A.  J.  DALLAS. 

only  did  he  please, — it  may  be  said  that  he  astonished  the 
House."* 

Having  thus  taken  his  attitude,  Mr.  Dallas  hastened  to 
send  to  Congress  a  series  of  admirable  papers,  facilitating 
and  expediting  the  measures  he  had  recommended.  That 
usually  slow  body  seems  to  have  been  suddenly  roused,  as 
by  the  sound  of  a  trumpet,  into  activity  and  confidence, 
for  in  six  weeks — on  the  second  of  December — he  felt 
himself  justified  in  alluding  to  the  promising  change 
already  achieved : 

"I  derive  great  satisfaction  in  reflecting  upon  the  inevitable 
and  immediate  effect  of  the  legislative  sanction  (even  so  far  as  it 
has  already  been  given)  to  a  settled  and  productive  system  of 
taxes  for  defraying  the  expenses  of  government  and  maintaining 
the  public  credit.  This  policy,  embracing  in  its  course  the  intro 
duction  of  a  national  circulating  medium  and  the  proper  facilities 
for  anticipating,  collecting,  and  distributing  the  public  revenue, 
will  at  once  enliven  the  public  credit,  and  even  the  existing  re 
sources  of  the  present  quarter  must  ripen  and  expand  under  an 
influence  so  auspicious." 

During  the  months  of  November  and  December,  1814, 
Mr.  Dallas  gave  a  remarkable  proof  of  the  facility  with 
which  he  could  transfer  the  powers  of  his  mind  from  one 
important  subject  to  another;  while  he  was  straining  every 
nerve  at  the  department  to  secure  within  his  grasp  the 
means  indispensable  to  the  military  operations  of  the  next 
campaign,  he  quietly  devoted  nearly  all  the  hours  of  every 
night  at  Mrs.  Wilson's  boarding-house  in  writing  a  mani 
festo  or  appeal  to  the  world  against  the  conduct  of  Great 
Britain.  (Appendix  No.  5.)  This  justly  celebrated  paper 
obtained  the  unqualified  praise  of  President  Madison,  who 
proposed  its  adoption  by  the  cabinet  as  the  act  of  the 
American  government.  It  would  soon  have  issued  under 
this  high  sanction  (and  indeed  some  copies  of  it  had  al 
ready  left  the  printer's),  when,  in  the  early  part  of  Jan 
uary,  1815,  the  news  that  a  peace  had  been  signed  at 
Ghent  reached  the  country.  Mr.  Madison,  always  pru 
dent  and  forbearing,  then  deemed  it  wiser  to  withhold 
from  the  publication  any  official  stamp.  The,  production, 
now  entitled  "An  Exposition  of  the  Causes  and  Character  of 

*  Stanhope's  Life  of  Pitt. 


LIFE    OF  A.  J.  DALLAS.  135 

the  War,"  reviewed,  in  reference  to  all  the  points  in  con 
troversy  between  the  two  nations,  the  uniform  and  con 
sistent  positions  and  pretensions  of  the  United  States,  from 
the  administration  of  Washington  through  those  of  his 
three  successors.  It  is  untinged  by  the  slightest  coloring 
of  political  party  ;  its  statements  of  fact  are  verified  with 
exactness  by  citations  at  the  foot  of  every  page ;  its  dic 
tion  is  of  the  cairn  and  clear  style  of  Sir  William  Tem 
ple's  diplomacy;  and  its  reasoning,  though  not  allowed 
to  stop  short  of  conclusiveness,  is  never  pushed  beyond 
its  fair  and  legitimate  limits.  Even  on  the  glowing  topics 
of  impressment  at  sea  and  the  barbarities  which  marked 
the  track  of  British  warfare,  on  land  or  water,  there  is 
evidently  a  jealous  exclusion  of  zeal  or  temper.  This 
great  work  may  be  said  to  have  closed  in  argument,  as 
the  battle  at  New  Orleans  closed  in  arms,  the  war  of  1812. 
No  attempt,  we  believe,  has  ever  been  made  at  refutation. 
We  are  told,  with  what  truth  we  cannot  say,  that  when 
one  of  the  escaped  copies  reached  London  it  was  read  by 
the  author's  veteran  and  inveterate  detractor,  William 
Cobbett,  who  exclaimed,  as  he  threw  the  pamphlet  on  his 
desk,  "It  is  unanswerable;  I  challenge  any  British  states 
man  or  author  to  answer  it." 

Mr.  Monroe,  the  Secretary  of  State,  had  been  assigned 
to  fill  also  the  Department  of  War,  when  General  Arm 
strong  withdrew  immediate!}1-  after  the  defeat  at  Bladens- 
burg  and  the  arson  of  the  capitol.  As  soon  as  the  treaty 
of  peace  was  ratified  by  the  Senate,  on  the  17th  of  Feb 
ruary,  1815,  Congress  hastened  to  invest  the  President 
with  authority  to  reduce  the  army,  then  consisting  of 
60,000  men,  to  a  peace  establishment  of  10,000,  and  to 
direct  that  he  should  so  "arrange"  the  existing  officers 
and  privates  as  out  of  them  to  form  and  complete  the  new 
force,  discharging  all  others  from  the  service.  This  re 
duction  must  unavoidably  be  a  matter  alike  delicate  and 
perplexing.  Our  soldiers,  during  two  campaigns,  had 
fought  their  way  to  popular  favor.  The  nation  was  proud 
of  the  prowess  and  skill  exhibited  both  north  and  south. 
Many  of  the  gallant  men  were  really  incapacitated  by 
their  wounds  from  further  military  duty,  and  yet  would 
bravely  refuse  to  be  so  regarded.  Conflicts  as  to  rank, 
lineal  and  brevet,  had  to  be  permanently  settled.  How 
ever,  be  the  responsibility  what  it  might,  the  task  must 


136  LIFE    OF  A.  J.  DALLAS. 

be  performed.  The  law  had  begun  to  operate  on  the  4th 
of  March,  1815.  In  about  ten  days  afterwards,  Mr. 
Monroe  left  Washington  for  his  residence  in  Albemarle 
to  recover  his  impaired  health;  and  on  the  fifteenth,  by 
appointment  of  the  President,  Mr.  Dallas  formally  en 
tered  the  War  Department,  at  once  and  resolutely  begin 
ning  the  painful  operation. 

The  generous  dispositions  with  which  this  new  labor 
was  assumed  are  attested  by  the  following  brief  prelimi 
nary  notes  : 

To  the  President. 

"DEAR  SIR, — Conversing  with  Mr.  Monroe  and  Mr.  Crownin- 
shield,*  we  agreed  that  some  attention  should  be  paid  to  our 
gallant  officers,  when  vacancies  in  civil  stations  occurred. 

"  I  have  just  suggested  to  Mr.  Monroe  that  it  would  be  well 
to  offer  General  Brown  the  rank  in  the  army  and  the  vacant 
naval  office  in  New  York  at  the  same  time.  Jf  he  declines  the 
latter,  then  to  offer  it  to  General  Wilkinson  as  a  comfortable  re 
treat.  I  send  Mr.  Monroe's  answer.  Mr.  Crowninshield  concurs 
with  us.  In  this  course  I  think  your  feelings  will  be  gratified, 
on  many  occasions,  while  the  organization  of  the  army  will  be 
rendered  more  easy  and  satisfactory. 

';  The  naval  officer  has  nothing  to  do  with  money. 

"  1  am  very  faithfully,  sir,  your  most  obedient  servant, 

"A.  J.  DALLAS. 

"18  March,  1815." 

To  Mr.  Dallas. 

"  DEAR  SIR, — I  approve  most  cordially  your  suggestion  in  both 
its  aspects.  By  offering  both  offices  to  Brown,  at  the  same  time, 
you  enlist  him  in  support  of  the  veteran  for  the  naval  office,  in 
case  he  accepts  the  other. 

"  Sincerely  your  friend, 

"  JAMES  MONROE. 
"March  13,  1815. 

"Approved  (after  conclusion  of  the  court-martial  at  Troy). 

"J.  M.» 

With  a  view  to  secure  the  best  information  as  to  the 
merits  and  services  of  individuals,  and  to  keep  the  pro 
ceeding  as  far  as  possible  within  the  line  of  military  action, 
a  board  of  officers  high  in  rank  and  character  was  formed 

*  On  the  resignation  of  Mr.  Jones,  he  had  been  appointed  Secretary  of 
the  Navy  the  17th  of  December,  1814. 


LIFE    OF  A.  J.  DALLAS.  137 

by  the  secretary.  He  instructed  them  as  to  the  points  on 
which  they  were  to  confer  and  investigate;  and  he  re 
quired  from  them  a  full  report  of  their  acts  and  conclu 
sions  in  reference  to  the  new  organization.  The  results 
of  these  joint  labors  were  made  known  to  the  country  by 
publication,  on  the  23d  May,  1815.  These  documents  we 
have  esteemed  worthy  of  preservation  (Appendix  No.  6), 
for  they  best  show  the  skill  and  justice  with  which  an  un 
gracious  but  necessary  operation  was  conducted.  Some 
discontent  vented  itself  in  clamorous  appeals  by  dis 
arranged  sufferers, — that  was  unavoidable  and  anticipated; 
but  the  sentiment  of  the  nation  sympathized  with  the  con 
siderate  delicacy  exhibited  towards  patriotic  defenders, 
and  the  judgment  of  the  nation  was  satisfied.  Mr.  Madison 
appreciated  as  it  deserved  the  great  public  service  thus 
rendered,  and  used  in  a  letter  addressed  to  Mr.  Dallas  on 
the  24th  of  May,  1815,  from  Montpelier,  language  of  warm 
approval. 

"  The  Military  Budget  makes  its  appearance  in  the  National 
Intelligencer.  I  cannot  refer  to  it  without  expressing  my  obliga 
tions  for  the  laborious  task  it  has  cost  you,  and  my  gratification 
that  you  are  at  length  relieved  from  it.  Besides  the  labor,  the 
task  has  been  distinguished  by  the  delicate  questions  involved  in 
it  touching  the  comparative  pretensions  of  meritorious  individuals. 
That  there  will  be  an  unanimous  approbation  of  what  has  been 
done  is  not  to  be  expected.  But  I  persuade  myself  that  the  can 
did  and  reasonable  part  of  the  public,  taking  into  view  the 
arduous  nature  of  the  duty,  and  the  propriety  of  blending  with  a 
reward  for  past  services  a  provision  for  future  ones,  will  be  more 
than  merely  satisfied  with  the  execution  of  the  law." 

As  the  summer  of  1815  advanced,  Mr.  Dallas  prepared 
to  effect  two  other  official  objects  of  much  interest.  On 
the  23d  of  February,  the  House  of  Representatives  had 
called,  by  an  adopted  resolution,  upon  the  Secretary  of  the 
Treasury  to  report  at  the  next  session  a  digested  tariff  of 
duties  upon  imported  merchandise.  He  felt  too  the 
necessity  of  great  labor  in  order  perfectly  to  command 
and  methodically  to  arrange  the  multifarious  subjects  for 
the  elaborate  view  of  the  national  iinances  he  contem 
plated  taking  in  his  annual  report  to  Congress.  These  two 
matters  engaged  every  moment  of  his  time  not  occupied 
by  the  current  routine  of  business.  To  perfect  the  first, 

10 


138  LIFE    OF  A.  J.  DALLAS. 

a  tariff,  he  invited  and  obtained  a  flood  of  communications 
from  merchants  and  manufacturers  in  all  parts  of  the 
country, — a  flood  which  he  discovered  to  be  unmanageable 
within  the  period  allowed  to  it,  and  which  he  determined, 
after  settling  in  his  own  mind  its  leading  deductions, 
should  be  postponed  for  completion  to  an  early  day  sub 
sequent  to  the  annual  report.  The  papers*  described  are 
among  the  most  eloquent  as  well  as  useful  ones  of  his  pro- 
litic  pen.  The  annual  report  attracted  almost  unqualified 
eulogy.  One  correspondent,  an  eminent  manufacturer, 
says  :  "  Few  papers  I  have  seen  are  entitled  to  rank  witli 
the  treasury  report.  It  is  a  perspicuous  statement  of  an 
immense  and  intricate  subject  of  primary  importance  to 
the  nation  ;  in  short,  those  who  read  can  understand  it, 
and  it  will  receive  approbation  from  minds  prone  to  find 
fault;  indeed,  as  the  good  folks  say,  '  those  who  come  to 
scoff  will  stay  to  pray.' '  Another  correspondent,  distin 
guished  for  abilities,  writes  :  "  I  have  read  and  considered 
with  very  great  pleasure  your  treasury  report.  It  is  the 
only  opportunity  I  could  have  had  to  obtain  a  clear  and 
distinct  idea  of  the  state  of  the  national  debt  and  financial 
system.  I,  for  one,  arn  much  indebted  to  you  for  the  full 
development  of  an  intricate  subject,  which  must  have  re 
quired  immense  labor  and  great  talents  to  avoid  confusion 
and  preserve  perspicuity."  And  a  third :  "  I  have  studied, 
I  assure  you,  this  last  volume  of  your  reports  with  great 
pleasure  and  profit,  and  I  doubt,  not  to  flatter,  whether 
the  arid  annals  of  finance  can  show  a  production  uniting 
so  much  style  with  so  much  substance." 

In  this  paper,  distinguished  not  more  by  beauty  of 
"style"  than  by  distinctness  and  precision,  Mr.  Dallas  re 
newed  to  Congress  generally  the  recommendation  he  had 
made  by  letter  to  the  Committee  of  Ways  and  Means  the 
year  before  for  the  establishment  of  a  national  bank.  His 
prior  projet  had  been  displaced  by  an  essentially  different 
scheme,  pushed  hastily  into  favor  under  the  ardent  elo 
quence  of  Mr.  Calhoun.  For  a  short  time  he  thought 
this  failure  released  him  from  the  duty  of  any  further 
effort  to  remedy  the  financial  evils  incident  to  the  war, 
and  he  frankly  stated  his  determination  to  withdraw  from 

*  See  Niles'  Register,  February  24,  1816,  page  437,  etc.;  December  21, 
1816,  page  261,  etc. 


LIFE    OF  A.  J.  DALLAS.  139 

the  treasury.  But  the  President  had,  by  message  to 
Congress  on  the  30th  of  January,  1815,  refused  his  assent 
to  the  measure  of  Mr.  Calhoun ;  that  measure  was  not 
strong  enough  to  enlist  a  two-thirds  vote  against  the  veto  ; 
and  when  the  secretary  warmed  amid  the  details  of  his 
annual  report,  he  resolved  on  another  trial  to  accomplish 
what  he  had  repeatedly  declared  to  be  necessary.  It  will 
be  remembered  that  the  charter  of  this  moneyed  corpora 
tion  became  a  law  on  the  10th  of  April,  1816,  and  ex 
pired,  by  its  own  limitation,  on  the  4th  of  March,  1836. 
A  similar  success  attended  the  new  tariff  of  duties  on 
imports,  which  he  presented  to  the  consideration  of  the 
House  of  Representatives  on  the  12th  of  February,  1816, 
and  which  became  law  on  the  27th  of  April.  It  is  observ 
able  that  this  act  was  voted  for  by  all  the  Southern  States, 
on  the  ground  that,  having  supported  the  war,  they  were 
under  a  corresponding  obligation  to  sustain  establishments 
which  grew  out  of  it.* 

The  election  of  a  President  for  the  eighth  term  was 
now  approaching.  Shortly  before  the  adjournment  of 
Congress  on  the  30th  of  April,  the  then  customary  caucus 
of  its  Republican  members  was  convened,  and  Mr.  Mon 
roe  selected  for  nomination  as  the  candidate  of  his  party. 
The  choice  was  in  every  respect  most  agreeable  to  Mr. 
Dallas,  and  he  drew  from  it  the  happy  augury  for  the 
country  suggested  by  an  intimate  knowledge  of  Mr.  Mon 
roe's  experience  in  public  affairs,  well-balanced  judgment, 
and  manly  integrity  of  character.  He  had,  however,  de 
termined  to  withdraw  from  public  life;  perfectly  satisfied 
that  peace  being  restored  and  all  the  necessary  measures 
adopted,  the  tide  of  prosperity  would  rapidly  swell  in. 
Early  in  April  he  conveyed  his  purpose  by  letter  to  Mr. 
Madison  : 

"As  it  is  not  my  intention  to  pass  another  winter  in  Wash 
ington,  I  think  it  a  duty  to  give  you  an  opportunity  to  select  a 
successor  for  the  office  of  Secretary  of  the  Treasury,  during  the 
present  session  of  Congress.  I  will  cheerfully  remain,  however, 
if  you  desire  it,  to  put  the  national  bank  into  motion, — presum 
ing  that  this  object  can  be  effected  before  the  1st  of  October  next. 
Permit  me,  therefore,  to  tender  my  resignation,  to  be  accepted  on 
that  day,  or  at  any  earlier  period  which  you  may  find  more  con- 

*  Calhoun,  in  Senate  on  15th  February,  1833. 


140  LIFE    OF  A.  J.  DALLAS. 

venient  to  yourself,  or  more  advantageous  to  the  public.     With 
every  affectionate  wish  for  your  honor,  health,  and  happiness, 

"  I  am,"  etc. 

The  President's  reply  was  as  follows: 

"  DEAR  SIR, — I  have  received  your  letter  of  yesterday,  com 
municating  your  purpose  of  resigning  the  department  of  the 
treasury.  I  need  not  express  to  you  the  regret  at  such  an  event 
which  will  be  inspired  by  my  recollection  of  the  distinguished 
ability  and  unwearied  zeal  with  which  you  have  filled  a  station 
at  all  times  deeply  responsible  in  its  duties,  through  a  period 
rendering  them  peculiarly  arduous  and  laborious.  Should  the 
intention  you  have  formed  be  nowise  open  to  reconsideration,  I 
can  only  avail  myself  of  your  consent  to  prolong  your  functions 
to  the  date  and  for  the  object  which  your  letter  intimates.  It 
cannot  but  be  advantageous  that  the  important  measure  in 
which  you  have  had  so  material  an  agency  should  be  put  into 
its  active  state  by  the  same  hands.  Be  assured,  sir,  that  what 
ever  may  be  the  time  of  your  leaving  the  department,  you  will 
carry  from  it  my  testimony  of  the  invaluable  services  you  have 
rendered  your  country,  my  thankfulness  for  the  aid  they  have 
afforded  in  my  discharge  of  the  executive  trust,  and  my  best 
wishes  for  your  prosperity  and  happiness. 

"  JAMES  MADISON. 

"April  9,  1816." 

Mr.  Dallas  did  not  leave  his  residence  on  Capitol  Hill 
for  his  home  in  Philadelphia  until  the  month  of  July; 
nor  did  he  cease  his  superintendence  of  the  Treasury  De 
partment  before  the  day  chosen  for  assuming  it  by  his 
successor,  Mr.  W.  II.  Crawford,  the  20th  of  October.  In 
deed,  even  after  that  date,  and  until  the  meeting  of  Con 
gress,  he  was  in  active  correspondence  with  the  President 
in  relation  to  the  finances,  and  prepared  several  official 
papers  for  his  use,  especially  one,  obviously  designed  to 
be  incorporated  in  the  forthcoming  annual  message,  and 
another,  called  "Sketches,"  of  which  Mr.  Madison  says 
in  a  letter,  "it  cannot  fail  to  be  acceptable  to  Congress, 
useful  to  the  public,  and  honorable  under  every  aspect;'"  in 
truth,  it  constituted  an  elaborate  and  lucid  exposition  of  the 
actual  and  gratifying  condition  of  the  treasury  on  the  1st 
of  August,  1816.*  During  this  period  he  felt  himself  free 

*.See  Niles'  Kegister,  December  16,  1815,  page  261,  etc. 


LIFE    OF  A.  J.  DALLAS.  141 

to  engage  once  more  in  professional  practice,  and  he  was 
impelled  to  do  so  by  considerations  too  powerful  to  be 
resisted.  His  expenses  on  "  the  Hill"  had  exhausted  his 
means.  He  had  lived  with  lavish  hospitality,  without 
allowing  one  thought  of  his  private  interests  to  disturb 
his  public  preoccupations.  He  writes  to  Mr.  Kush  on  the 
6th  of  August : 

"I  will  not  disguise  from  you  that  I  tremble  as  the  period  ap 
proaches  for  my  return  to  the  business  of  the  bar.  Two  years 
have  produced  great  changes  in  the  profession,  and  I  feel  as  if  I 
were  about  to  begin  the  world  again.  However,  my  health  and 
spirits  continuing,  I  must  leave  the  issue  to  Providence,  and  con 
sole  myself,  whatever  it  may  be,  with  the  consciousness  of  good 
motives  in  the  exertion  which  carried  me  to  Washington." 

To  Mr.  Madison  he  wrote,  on  the  llth  of  September: 

"Of  myself  I  can  only  speak  with  care  and  doubt,  when  I  re 
flect  upon  the  effect  of  two  years'  absence  from  the  bar  to  ob 
struct  and  embarrass  my  return." 

On  the  18th  of  September,  finding  that  he  had  been 
nominated  by  the  Democratic  conferees  for  Congress,  he 
says  to  Mr.  Leiper,  chairman  of  that  body : 

"  Be  so  good  as  to  express  my  best  thanks  for  this  mark  of 
esteem  and  confidence,  and  to  inform  the  conferees  that  as  the 
acceptance  of  a  seat  in  Congress  will  be  incompatible  with  the 
arrangement  which  I  have  made  for  resuming  the  practice  of  my 
profession,  I  must  respectfully  decline  being  a  candidate  for  that 
honor." 

His  apprehensions  were  soon  proved  to  be  unfounded, 
for  on  the  7th  of  December  he  was  able  to  tell  his  corre 
spondent,  the  attorney-general,  in  a  tone  of  revived  con 
fidence: 

"I  have  once  more  become  the  drudge  of  the  bar;  and  since 
my  arrival  in  Philadelphia  I  have  been  engaged  in  all  the  im 
portant  causes  tried  by  Washington  and  by  our  supreme  court. 
The  German  cause,*  after  a  trial  of  four  weeks,  ended  last  night, 
and  this  day  I  take  up  my  pen  to  salute  you." 

Putting  the  finishing  touch  to  the  radiance  of  a  career 
of  enlightened  patriotism,  the  President  in  his  message, 

*  Reported  in  3  Serg.  and  Rawle,  29. 


142  LIFE    OF  A.  J.  DALLAS. 

sent  to  Congress  on  the  3d  of  December,  1816,  spoke  of 
"  the  late  secretary"  as  follows: 

"  For  a  more  enlarged  view  of  the  public  finances,  with  a  view 
of  the  measures  pursued  by  the  Treasury  Department  previous 
to  the  resignation  of  the  late  secretary,  I  transmit  an  extract 
from  the  last  report  of  that  officer.  Congress  will  perceive  in 
it  ample  proofs  of  the  solid  foundation  on  which  the  financial 
prosperity  of  the  nation  rests ;  and  will  do  justice  to  the  distin 
guished  ability  and  successful  exertions  with  which  the  duties 
of  ihe  department  were  executed  during  a  period  remarkable 
for  its  difficulties  and  its  peculiar  perplexities.'17 

These  few  sentences  tilled  the  measure  of  Mr.  Dallas's 
ambition  :  they  convinced  him  that  he  had  realized  the 
hope  expressed  two  years  before,  "I  will  not  despair  but 
that  with  good  intentions  and  the  co-operation  of  good 
men,  I  may,  through  toil  and  trouble,  perform  some  ser 
vice  to  the  State;"  and  so,  in  a  letter  to  the  same  gentle 
man  on  the  7th  of  December,  1816,  he  exclaims,  with 
warmth  : 

"  I  cannot  salute  you  in  terms  more  grateful  to  you  as  well  as 
to  myself  than  by  speaking  of  the  generous  notice  which  the 
President  has  taken  of  me  in  his  message.  To  be  so  praised  by 
such  a  man  !  upon  such  an  occasion  !  I  am  content.  My  family 
are  content.  And  we  will  say  no  more  of  the  sacrifice  and  the 
slavery  of  my  two  years'  devotion  at  Washington." 

He  had,  for  many  years,  been  liable  to  the  sudden  and 
severe  attacks  of  a  complaint  the  precise  nature  of  which 
his  two  medical  advisers  failed  to  penetrate  or  determine. 
It  would  cause  immediate  and  excruciating  pain,  pros 
trating  as  by  a  resistless  blow;  and  yet,  in  live  or  ten 
minutes,  he  ceased  moaning,  accepted  an  anodyne,  and 
was  fully  restored.  Dr.  Wistar,  the  devoted  friend  as 
well  as  the  enlightened  physician,  conceived  it  to  arise 
from  internal  injury  referable  to  the  fact  of  his  having 
been  dragged,  apparently  lifeless,  when  about  seventeen 
years  of  age,  from  the  river  Thames,  and  perhaps  awk 
wardly  renovated  under  the  auspices  of  the  Humane 
Society;  Dr.  Chapman,  no  less  affectionately  attached, 
suspected,  but  would  not  pronounce,  the  disorder  to  be 
an  irregular  form  of  gout. 

While  occupied  in  arguing  an  important  suit  at  Tren- 


LIFE    OF  A.  J.  DALLAS.  143 

ton,  before  the  then  governor,  and  ex-officio  chancellor,  of 
£Tew  Jersey,  Mahlon  Dickerson,  he  became  conscious  of 
the  approach  of  his  old  and  implacable  enemy;  asked  a 
short  delay,  but  was  obliged  to  proceed ;  and  concluding 
his  address,  hurriedly  drove  to  his  home  in  Philadelphia, 
and  on  the  night  of  his  arrival,  the  16th  of  January,  1817, 
died  tranquilly  while  his  two  sous  watched,  unaware  of 
the  crisis,  at  his  bedside. 

My  recollections  of  my  father  are  still,  after  the  lapse 
of  near  half  a  century,  very  vivid,  accompanied  by  the 
warmest  attachment  and  deepest  veneration.  All  his 
children  regarded  him  as  their  most  delightful  com 
panion,  instructor,  and  pride.  His  labors,  in  scenes  of 
business,  professional  or  political,  were  arduous  and  un 
ceasing  ;  but  his  happiness  was  centred  in  his  domestic 
circle.  Deriving  great  pleasure  from  social  intercourse, 
he  nevertheless  preferred  that  it  should  be  under  his  own 
roof  and  shared  by  his  family.  One  of  the  established 
institutions  of  his  household  was  the  "cold  cut,"  or  frag 
mentary  pretence  of  supper,  which,  between  ten  and 
eleven,  rallied  all  the  inmates  for  a  lively  chat  and  a 
gay  "good-night." 

He  had  no  hatreds,  at  least  none  of  which  I  became 
aware,  or  of  whose  existence  any  evidence  can  be  dis 
covered  in  his  multitudinous  relics.  Certainly,  there 
were  some  men  whom  he  disliked  and  avoided, — whether 
owing  to  contrariety  of  taste,  a  wrong  suffered,  or  a 
calumny  uttered;  but  the  "odium  in  longum  jacens"  was 
foreign  to  his  nature.  His  irritations  were  quick  and 
fugitive. 

His  facility  of  thinking,  at  command,  was  remarkable. 
It  did  not  vary  the  expression  of  his  countenance,  and 
was  undisturbed  by  present  crowds  or  noises.  He  pre 
pared  for  it  by  no  special  posture,  no  chair  of  contem 
plation,  no  concentrating  arrangement  of  pen,  ink,  and 
paper,  no  choice  even  of  place;  he  desired  to  think,  and 
the  operations  of  his  mind  were  at  once  disembarrassed 
of  all  external  distraction.  He  turned  from  intellectual 
toil  to  mere  amusement  with  equal  quickness.  Mr.  Robert 
C.  Dallas,  writing  to  me  under  date  of  the  18th  of  August, 
1817,  mentions  an  indomitable  and  perennial  vivacity  as 
his  peculiar  trait.  No  labors,  however  prolonged  and 
oppressive,  kept  down  the  elasticity  of  his  spirits : 


144  LIFE    OF  A.  J.  DALLAS. 

"He  left  the  pondering  brow  in  his  study,  and  his  overpower 
ing  eloquence  was  reserved  for  public  occasions  ;  when  with 
his  family  or  friends,  he  seemed  as  if  he  had  nothing  to  do  but 
to  amuse  himself  and  others;  extremely  playful,  versifying  with 
great  facility,  and  descending  even  to  the  merriment  of  puns.  I 
have  known  him  writing  and  making  up  accounts  for  his  uncle, 
Mr.  Gray,  during  the  holidays  and  after  he  left  school,  for  the 
greater  part  of  the  twenty-four  hours,  often  up  till  five  o'clock  in 
the  morning  and  getting  sleep  only  by  snatches,  yet  all  alive, 
keeping  up  the  ball  of  gaiety  and  mirth  throughout  the  house 
hold." 

This  delightful  characteristic  never  left  him.  Shortly 
before  his  death,  in  writing  to  a  friend  at  Washington  on 
a  matter  of  grave  import,  he  yet  concludes  his  letter: 
"And  tell  Maria  that  when  we  meet  I  have  a  budget  of 
conundrums  for  her!" 

He  had  a  perceptible,  though  never  an  obtrusive,  pride 
of  personal  appearance  and  movement.  To  this  the  fash 
ions  of  the  day  and  his  own  figure  contributed.  Very 
little,  if  at  all,  short  of  six  feet  in  height,  and  erect  without 
stiffness,  he  patiently  underwent  every  morning  the  care 
ful  curling  of  his  silvered  hair,  stiffened  with  pomatum 
and  white  powder,  and  hanging  behind,  some  eight  inches 
over  his  coat-collar,  in  a  rose-knotted  "  club."  With  such 
a  structure  upon  the  shoulders,  though  lighted  by  a  bright 
blue  eye,  it  was  impossible  to  indulge  in  modern  brisk 
ness  and  ease;  quietude  of  bearing  was  alone  inculcated, 
if  not  compelled.  Besides,  there  were  the  drab-colored 
shorts,  with  small  gold  knee-buckles ;  the  white-topped 
boots,  leaving  exposed  an  inch  or  so  of  the  white  silk 
stocking  within  ;  the  white  and  ample  vest,  relieved  by  a 
gairish  crimson  roll  of  velvet  forming  the  edge  of  an  in 
terior  flannel ;  and  the  unvarying  white  cravat.  The 
close-bodied  coat  was  a  deep  brown ;  the  surtout  a  flow 
ing  drab.  He  walked  lightly,  but  with  a  natural  dignity, 
which  riveted  the  inquiring  gaze  of  a  stranger. 

My  father's  written  composition  was  finely  wrought. 
His  "style"  (for  we  must  remember  that  we  are  com 
menting  upon  fifty  years  ago)  was  liquid,  clear,  and  win 
ning  ;  yet  he  was  fastidious  in  selecting  words  and  turning 
periods.  Erasures  and  insertions,  without  stint,  defaced 
his  autographs.  They  sometimes  remain  quite  illegible, 
until  the  idea  intended  for  expression  is  first  detected. 


LIFE    OF  A.  J.  DALLAS.  145 

His  vocabulary  was  little  less  copious  than  that  of  his 
early  applauder,  Dr.  Johnson;  yet  this  great  author  mar 
shalled  his  diction  at  once  and  unalterably, — a  mental 
tact  as  enviable  as  rare. 

There  was  something  eminently  effective  in  his  ad 
dresses  at  the  bar  and  before  legislative  bodies.  His 
elder  brother,  whom  I  have  just  mentioned,  a  critic  of  ad 
mitted  authority,  came  to  the  United  States  in  1796,  and 
having  heard  several  of  his  speeches,  was  of  opinion  that 
in.  voice,  manner,  and  general  persuasiveness,  his  elocu 
tion  bore  many  of  the  characteristics  of  Lord  Mansfield's. 
Others  have  esteemed  it  somewhat  diffuse,  marked  by 
repetitions,  and  clothed  in  diction  too  choice  for  public 
harangues.  He  was  often  fortunate  in  turning  to  account 
the  accidents  of  the  moment.  On  one  occasion,  in  1&07, 
greatly  excited  by  the  attack  of  the  Leopard  upon  the 
Chesapeake,  he  led  an  immense  crowd  of  fellow-citizens 
to  a  town-meeting  at  Independence  Hall,  and,  while  de 
nouncing  the  aggression,  let  fall  inadvertently  the  invoca 
tion,  "Gentlemen  of  the  jury!"  Instantly  perceiving  a 
general  smile,  he  exclaimed:  "Yes,  I  say  gentlemen  of 
the  jury,  now  empanelled  in  the  presence  of  your  country 
to  hear  and  determine  the  issue  thus  violently  forced 
upon  us  by  Great  Britain,'7  etc.  So  it  was  that  on  the 
trial  of  General  Michael  Bright,  a  pertinent  and  friendly 
interruption  by  the  opposite  counsel  drew  from  him  the 
prompt,  pointed,  and  appropriate  distinction  between  a 
causeless  rebellion  and  a  defensible  revolution. 

The  intellectual  power  and  moral  firmness  always 
shown  by  Mr.  Dallas  in  his  politics,  had  unavoidably 
exposed  him  to  the  censure  of  the  party  against  which, 
from  the  birth-hour  of  his  American  citizenship,  he  ar 
gued,  wrote,  and  acted.  It  is,  however,  often  said,  and 
is  confessedly  just,  that  no  man,  especially  no  public  man, 
can  be  correctly  appreciated  until  he  has  ceased  to  live. 
It  is  death  alone  that  closes  the  record  alike  to  flattery 
and  abuse ;  and  then  perhaps  it  may  be  that  startled  can 
dor  momentarily  reopens  it,  to  inscribe,  as  with  a  sigh  of 
compunction,  a  hasty  memorandum  of  reality  and  truth. 
On  the  very  afternoon  of  the  day  upon  which  he  ex 
pired,  the  journal  which  had  most  persistently  assailed 
him  contained  the  following : 


146  LIFE    OF  A.  J.  DALLAS, 

i 

"  DIED,  early  this  morning,  after  the  short  illness  of  twenty- 
four  hours,  the  Honorable  ALEXANDER  JAMES  DALLAS.  Disap 
proving,  as  we  have  done,  the  tenor  of  his  public  conduct,  we 
have  never  ceased  the  less  to  admire  the  talents  and  esteem  the 
private  virtues  of  this  distinguished  man.  As  a  husband,  a  pa 
rent,  and  a  friend,  he  was  confessedly  most  amiable  and  exem 
plary.  But  it  was  by  the  sweet  amenity  of  his  disposition,  his 
open  hospitality,  and  the  general  courtesy  of  his  deportment, 
that  he  conciliated,  even  in  the  worst  times  of  party  contention, 
so  large  a  portion  of  the  community,  and  that  his  death  has  now 
covered,  as  it  were,  with  a  pall  the  spirits  of  our  city." 

After  all,  amid  the  endless  controversies  of  speculative 
opinion,  there  is  nothing  more  persuasive,  and  oftener 
triumphant,  than  the  practical  argument  of  a  good,  inde 
fatigable,  intelligent,  and  honorable  life.  Everything  else 
is  capable  of  perversion,  and  is  therefore  questionable. 
It  is  the  best  light  that  can  shine  before  men,  approach 
ing  the  widest  disagreements  to  mutual  concession,  and 
cementing,  without  confounding,  the  tessellations  of  honest 
diversities  of  judgment.  As  perhaps  in  religion,  so  it 
may  be  in  politics. 

"For  modes  of  faith,  let  graceless  zealots  fight; 
His  can't  be  wrong  whose  life  is  in  the  right." 


APPENDICES. 


APPENDICES. 


No.  1. 
COMMUNICATIONS 

FROM  MR.  DALLAS,  IN  THE  NAME  OF  GOVERNOR  MIFFLIN,  TO  THE  PRESI 
DENT  OF  THE  UNITED  STATES,  RESPECTING  THE  WESTERN  INSURREC 
TION. 


PHILADELPHIA,  5  August,  1794. 

SIR, — The  important  subject  which  led  to  our  conference  on 
Saturday  last,  and  the  interesting  discussion  that  then  took  place, 
having  since  engaged  my  whole  attention,  I  am  prepared,  in  com 
pliance  with  your  request,  to  state  with  candor  the  measures 
which,  in  my  opinion,  ought  to  be  pursued  by  the  Common 
wealth  of  Pennsylvania.  The  circumstances  of  the  case  evi 
dently  require  a  firm  and  energetic  conduct  on  our  part,  as  well 
as  on  the  part  of  the  general  government ;  but,  as  they  do  not 
preclude  the  exercise  of  a  prudent  and  humane  policy,  I  enjoy 
a  sincere  gratification  in  recollecting  the  sentiment  of  regret  with 
which  you  contemplated  the  possible  necessity  of  an  appeal  to 
arms ;  for  I  confess  that  in  manifesting  a  zealous  disposition  to 
secure  obedience  to  the  constitution  and  laws  of  our  country,  I 
too  shall  ever  prefer  the  instruments  of  conciliation  to  those  of 
coercion,  and  never,  but  in  the  last  resort,  countenance  a  dere 
liction  of  judiciary  authority  for  the  exertion  of  military  force. 

Under  the  influence  of  this  general  sentiment,  I  shall  proceed, 
sir,  to  deliver  my  opinion  relatively  to  the  recent  riots  in  the 
county  of  Alleghany,  recapitulating  in  the  first  place  the  actual 
state  of  the  information  which  I  have  received.  It  appears, 
then,  that  the  marshal  of  the  district  having,  without  molesta 
tion,  served  certain  process  that  issued  from  a  federal  court  on 
various  citizens  who  reside  in  the  county  of  Fayette,  thought  it 
proper  to  prosecute  a  similar  duty  in  the  county  of  Alleghany, 
with  the  assistance  and  in  the  company  of  General  Neville,  the 

(  149) 


150  APPENDICES. 

inspector  of  the  excise  for  the  Western  District  of  Pennsylva 
nia  ;  that,  while  thus  accompanied,  he  suffered  some  insults  and 
encountered  some  opposition  ;  that  considerable  bodies  of  armed 
men  having,  at  several  times,  demanded  the  surrender  of  Gen 
eral  Neville's  commission  and  papers,  attacked  and  ultimately  de 
stroyed  his  house ;  that  the  rioters  (of  whom  a  few  were  killed 
and  many  wounded)  having  taken  the  marshal  and  others  pris 
oners,  released  that  officer,  in  consideration  of  a  promise  that  he 
would  serve  no  more  processes  on  the  western  side  of  the  Alle- 
ghany  Mountains  ;  that,  under  the  apprehension  of  violence, 
General  Neville,  before  his  house  was  destroyed,  applied  to  the 
judges  of  Allegheny  County  for  the  protection  of  his  property, 
but  the  judges,  on  the  17th  day  of  July,  the  day  on  which  his 
house  was  destroyed,  declared  that  they  could  not,  in  the  present 
circumstances,  afford  the  protection  that  was  requested,  though 
they  offered  to  institute  prosecutions  against  the  offenders ;  and 
that  General  Neville  and  the  marshal,  menaced  with  further  out 
rage  by  the  rioters,  had  been  under  the  necessity  of  withdrawing 
from  the  country.  To  this  outline  of  the  actual  information 
respecting  the  riots,  the  stoppage  of  the  mail  may  be  added  as 
matter  of  aggravation,  and  the  proposed  convention  of  the  inhab 
itants  of  the  neighboring  counties  of  Pennsylvania  and  Virginia 
as  matter  of  alarm. 

Whatever  constructions  may  be  given,  on  the  part  of  the 
United  States,  to  the  facts  that  have  been  recited,  I  cannot  hesi 
tate  to  declare,  on  the  part  of  Pennsylvania,  that  the  incompe- 
tency  of  the  judiciary  department  of  her  government  to  vindicate 
the  violated  laws,  has  not  at  this  period  been  made  sufficiently 
apparent,  and  that  the  military  power  of  the  government  ought 
not  to  be  employed  until  its  judiciary  authority,  after  a  fair  ex 
periment,  has  proved  incompetent  to  enforce  obedience  or  to 
punish  infractions  of  the  law. 

The  law  having  established  a  tribunal  and  prescribed  a  mode 
for  investigating  every  charge,  has  likewise  attached  to  every 
offence  its  proper  punishment.  If  an  opponent  of  the  excise 
system  refuses  or  omits  to  perform  the  duty  which  that  system 
prescribes  to  him,  in  common  with  his  fellow-citizens,  his  refusal 
or  omission  exposes  him  to  the  penalty  of  the  law ;  but  the  pay 
ment  of  the  penalty  expiates  the  legal  offence.  If  a  riot  is  com 
mitted  in  the  course  of  a  resistance  to  the  execution  of  any  law, 
the  rioters  expose  themselves  to  prosecution  and  punishment ; 
but  the  sufferance  of  their  sentence  extinguishes  their  crime.  In 
either  instance,  however,  if  the  strength  and  audacity  of  a  law 
less  combination  shall  baffle  and  destroy  the  efforts  of  the  judi 
ciary  authority  to  recover  a  penalty  or  to  inflict  a  punishment, 
that  authority  may  constitutionally  claim  the  auxiliary  interven 
tion  of  a  military  power ;  but  still  the  intervention  cannot  com- 


THE    WESTERN  1NSUEEEGTION.  151 

mence  until  the  impotency  of  the  judicial  authority  has  been 
proved  by  experiment,  nor  continue  a  moment  longer  than  the 
occasion  for  which  it  was  expressly  required.  That  the  laws  of 
the  Union  are  the  laws  of  the  State,  is  a  constitutional  axiom 
that  will  never  be  controverted ;  that  the  authority  of  the  State 
ought  to  be  exerted  in  maintaining  the  authority  of  the  Union, 
is  a  patriotic  position  which  I  have  uniformly  inculcated  ;  but 
in  executing  the  laws,  or  in  maintaining  the  authority  of  the 
Union,  the  government  of  Pennsylvania  can  only  employ  the 
same  means  by  which  the  more  peculiarly  municipal  laws  and 
authority  of  the  State  are  executed  and  maintained.  Till  the 
riot  was  committed,  no  offence  had  occurred  which  required  the 
aid  of  the  State  government.  When  it  was  committed,  it  became 
the  duty  of  the  State  government  to  prosecute  the  offenders  as 
for  a  breach  of  the  public  peace  and  the  laws  of  the  Common 
wealth  ;  and  if  the  measures  shall  be  precisely  what  would  have 
been  pursued  had  the  riot  been  unconnected  with  the  system  of 
federal  policy,  all,  I  presume,  will  be  done  which  good  faith  and  jus 
tice  can  require.  Had  the  riot  been  unconnected  with  the  system 
of  federal  policy,  the  vindication  of  our  laws  would  be  left  to  the 
ordinary  course  of  justice,  and  only  in  the  last  resort,  at  the 
requisition,  and  as  an  auxiliary  of  the  civil  authority,  would  the 
military  force  of  the  State  be  called  forth. 

Experience  famishes  the  strongest  inducements  to  my  mind 
for  persevering  in  this  lenient  course.  Riots  have  heretofore 
been  committed  in  opposition  to  the  laws  of  Pennsylvania,  but 
the  rioters  have  invariably  been  punished  by  our  courts  of  jus 
tice.  In  opposition  to  the  laws  of  the  United  States,  in  oppo 
sition  to  the  very  laws  now  opposed,  and  in  the  very  counties 
supposed  to  be  combined  in  the  present  opposition,  riots  have 
likewise  formerly  occurred ;  but  in  every  instance,  supported  by 
legal  proof,  the  offenders  have  been  indicted,  convicted,  and  pun 
ished  before  the  tribunals  of  the  State.  This  result  does  not 
announce  a  defect  of  jurisdiction — a  want  of  judicial  power  or 
disposition  to  punish  infractions  of  the  law — a  necessity  for  an 
appeal  from  the  political  to  the  physical  strength  of  the  nation. 

But  another  principle  of  policy  deserves  some  consideration. 
In  a  free  country  it  must  be  expedient  to  convince  the  citizens 
of  the  necessity  that  shall,  at  any  time,  induce  the  government 
to  employ  the  coercive  authority  with  which  it  is  invested.  To 
convince  them  that  it  is  necessary  to  call  forth  the  military  power 
for  the  purpose  of  executing  the  laws,  it  must  be  shown  that  the 
judicial  power  has  in  vain  attempted  to  punish  those  who  violate 
them;  and  therefore  thinking,  as  I  do,  that  the  incompetency  of 
the  judicial  power  of  Pennsylvania  has  not  yet  been  sufficiently 
ascertained,  I  remarked,  in  the  course  of  our  late  conference,  that 
I  did  not  think  it  w^ould  be  an  easy  task  to  embody  the  militia  on 


152  APPENDICES. 

the  present  occasion.  The  citizens  of  Pennsylvania  (however  a 
part  of  them  may  for  awhile  be  deluded)  are  the  friends  of  law 
and  order;  but  when  the  inhabitants  of  one  district  shall  be  re 
quired  to  take  arms  against  the  inhabitants  of  another,  their  gen 
eral  character  does  not  authorize  me  to  promise  a  passive  obe 
dience  to  the  mandates  of  government.  I  believe  that,  as  freemen, 
they  would  inquire  into  the  cause  and  nature  of  the  service  pro 
posed  to  them  ;  and  I  believe  that  their  alacrity  in  performing, 
as  well  as  in  accepting  it,  would  essentially  depend  on  their 
opinion  of  its  justice  and  necessity. 

Upon  great  political  emergencies,  the  effect  of  every  measure 
should  be  deliberately  weighed.  If  it  shall  be  doubted  whether 
saying  that  the  judicial  power  is  yet  untried,  is  enough  to  deter 
us  from  the  immediate  use  of  military  force,  an  anticipation  of 
the  probable  consequences  of  that  awful  appeal  will  enable  us 
perhaps  satisfactorily  to  remove  or  overlook  the  doubt.  Will  not 
the  resort  to  force  inflame  and  cement  the  existing  opposition  ? 
Will  it  not  associate,  in  a  common  resistance,  those  who  have 
hitherto  peaceably  as  well  as  those  who  have  riotously  expressed 
their  abhorrence  of  the  excise  ?  Will  it  not  collect  and  combine 
everv  latent  principle  of  discontent  arising  from  the  supposed 
oppressive  operations  of  the  federal  judiciary,  the  obstruction  of 
the  western  navigation,  and  a  variety  of  other  local  sources? 
May  not  the  magnitude  of  the  opposition,  on  the  part  of  the  ill- 
disposed,  or  the  dissatisfaction  at  a  premature  resort  to  arms  on 
the  part  of  the  well-disposed  citizens  of  this  State,  eventually 
involve  the  necessity  of  employing  the  militia  of  other  States  ? 
And  the  accumulation  of  discontent  which  the  jealousy  engen 
dered  by  that  movement  may  produce,  who  can  calculate,  or  who 
may  be  able  to  avert?  Nor,  in  this  view  of  the  subject,  ought 
we  to  omit  paying  some  regard  to  the  ground  for  suspecting  that 
the  British  government  has  already,  insidiously  and  unjustly, 
attempted  to  seduce  the  citizens  on  our  western  frontier  from 
their  duty  ;  and  we  know  that  in  a  moment  of  desperation  and 
disgust  men  may  be  led  to  accept  that  as  an  asylum  which,  under 
different  impressions,  they  would  shun  as  a  snare.  It  will  not,  I 
am  persuaded,  sir,  be  presumed,  from  the  expression  of  these  sen 
timents,  that  I  am  insensible  to  the  indignation  which  the  late 
outrages  ought  to  excite  in  the  mind  of  a  magistrate  intrusted 
with  the  execution  of  the  laws.  My  object  at  present  is  to 
demonstrate  that,  on  the  principles  of  policy  as  well  as  of  law, 
it  would  be  improper  in  me  to  employ  the  military  power  of  the 
State  while  its  judiciary  authority  is  competent  to  punish  the 
offenders.  But  should  the  judiciary  authority  prove  insufficient, 
be  assured  of  the  most  vigorous  co-operation  of  the  whole  force 
which  the  constitution  and  laws  of  the  State  intrust  to  me,  for 
the  purpose  of  compelling  a  due  obedience  to  the  government ; 


THE    WES  TEEN  INSURRECTION.  153 

and  in  that  unfortunate  event,  convinced  that  every  other  expe 
dient  has  been  resorted  to  in  vain,  the  public  opinion  will  sanctify 
our  measures,  and  every  honest  citizen  will  willingly  lend  his  aid 
to  strengthen  and  promote  them. 

The  steps  which  under  my  instructions  were  taken,  as  soon  as 
the  intelligence  respecting  the  riots  was  received,  will  clearly 
indeed  manifest  the  sense  that  I  entertain  upon  the  subject.  To 
every  judge,  justice,  sheriff,  brigade  inspector,  in  short,  to  every 
public  officer  residing  in  the  western  counties,  a  letter  was  ad 
dressed  expressing  my  indignation  and  regret,  and  requiring  an 
exertion  of  their  influence  and  authority  to  suppress  the  tumults 
and  punish  the  offenders. 

The  attorney-general  of  the  State  was  likewise  desired  to  in 
vestigate  the  circumstances  of  the  riot,  to  ascertain  the  names 
of  the  rioters,  and  to  institute  the  regular  process  of  the  law  for 
bringing  the  leaders  to  justice.  In  addition  to  these  preliminary 
measures,  I  propose  issuing  a  proclamation,  in  order  to  declare 
(as  far  as  I  can  declare  them)  the  sentiments  of  the  government ; 
to  announce  a  determination  to  prosecute  and  punish  the  offend 
ers  ;  and  to  exhort  the  citizens  at  large  to  pursue  a  peaceable  and 
patriotic  conduct.  I  propose  engaging  three  respectable  citizens 
to  act  as  commissioners  for  addressing  those  who  have  embarked 
in  the  present  combination,  upon  the  lawless  nature  and  ruinous 
tendency  of  their  proceedings,  for  inculcating  the  necessity  of  an 
immediate  return  to  the  duty  which  they  owe  to  their  country ; 
and  for  promising  (as  far  as  the  State  is  concerned)  a  forgiveness 
of  their  past  transgressions,  upon  receiving  a  satisfactory  assur 
ance  that  in  future  they  will  submit  to  the  laws :  and  I  propose, 
if  all  these  expedients  should  be  abortive,  to  convene  the  legis 
lature,  that  the  ultimate  means  of  subduing  the  spirit  of  insurrec 
tion,  and  of  restoring  tranquillity  and  order,  may  be  prescribed 
by  their  wisdom  and  authority. 

You  will  perceive,  sir,  that  throughout  my  observations  I  have 
cautiously  avoided  any  reference  to  the  nature  of  the  evidence 
from  which  the  facts  that  relate  to  the  riots  are  collected,  or  to 
the  conduct  which  the  government  of  the  United  States  may 
pursue  on  this  important  occasion.  I  have  hitherto,  indeed,  only 
spoken  as  the  executive  magistrate  of  Pennsylvania,  charged 
with  a  general  superintendence  and  care  that  the  laws  of  the 
Commonwealth  be  faithfully  executed,  leaving  it,  as  I  ought,  im 
plicitly  to  your  judgment  to  choose,  on  such  evidence  as  you 
approve,  the  measures  for  discharging  the  analogous  trust  which 
is  confided  to  you  in  relation  to  the  laws  of  the  Union.  But, 
before  I  conclude,  it  is  proper,  under  the  impression  of  my  federal 
obligations,  to  add  a  full  and  unequivocal  assurance  that  what 
ever  requisition  you  may  make,  whatever  duty  you  may  impose, 

11 


154  APPENDICES. 

in  pursuance  of  your  constitutional  and  legal  powers,  will,  on  my 
part,  be  promptly  undertaken  and  faithfully  discharged. 

I  have  the  honor  to  be,  etc. 


II. 

PHILADELPHIA,  12  August,  1794. 

SIR, — The  Secretary  of  State  has  transmitted  to  me,  in  a  letter 
dated  the  7th  of  August  (but  only  received  yesterday),  your  re 
ply  to  my  letter  of  the  5th  instant. 

For  a  variety  of  reasons,'  it  might  be  desirable  at  this  time  to 
avoid  an  extension  of  our  correspondence  upon  the  subject  to 
which  those  letters  particularly  relate;  but  the  nature  of  the  re 
marks  contained  in  your  reply,  and  the  sincerity  of  my  desire  to 
merit,  on  the  clearest  principles,  the  confidence  which  you  are 
pleased  to  repose  in  me,  will  justify,  even  under  the  present  cir 
cumstances  of  the  case,  an  attempt  to  explain  any  ambiguity,  and 
to  remove  any  prejudice  that  may  have  arisen,  either  from  an 
inaccurate  expression,  or  an  accidental  misconception  of  the  sen 
timents  and  views  which  I  meant  to  communicate. 

That  the  course  which  I  have  suggested  as  proper  to  be  pur 
sued,  in  relation  to  the  recent  disturbances  in  the  western  parts  of 
Pennsylvania,  contemplates  the  State  in  a  light  too  separate  and 
unconnected,  is  a  position  that  I  certainly  did  not  intend  to  sanc 
tion  in  any  degree  that  could  wound  your  mind  with  a  sentiment 
of  regret.  In  submitting  the  construction  of  the  facts,  which 
must  regulate  the  operation  of  the  general  government,  implicitly 
to  your  judgment;  in  cautiously  avoiding  any  reference  to  the 
nature  of  the  evidence  from  which  those  facts  are  collected,  or  to 
the  conduct  which  the  government  of  the  United  States  might- 
pursue ;  in  declaring  that  I  spoke  only  as  the  executive  magis 
trate  of  the  State  charged  with  the  general  superintendence  and 
care  that  its  laws  be  faithfully  executed  ;  and  above  all,  in  giving 
a  full  and  unequivocal  assurance  that  whatever  requisition  you 
might  make,  whatever  duty  you  may  impose,  in  pursuance  of 
your  constitutional  and  legal  powers,  would,  on  my  part,  be 
promptly  undertaken  and  faithfully  discharged, — I  thought  that  I 
had  manifested  the  strongest  sense  of  my  federal  obligations  ;  and 
that,  so  far  from  regarding  the  State  in  a  separate  and  uncon 
nected  light,  I  had  expressly  recognized  the  subjection  of  her 
individual  authority  to  the  national  jurisdiction  of  the  Union. 

It  is  true,  however,  sir,  that  I  have  only  spoken  as  the  execu 
tive  magistrate  of  the  State  ;  but  in  that  character  it  is  a  high 
gratification  to  find  that,  according  to  your  opinion  likewise, 
"  the  propriety  of  the  course  which  I  suggested  would,  in  most 


THE    WESTERN  INSURRECTION.  155 

if  not  in  all  respects,  be  susceptible  of  little  question."  Permit 
me,  then,  to  ask  in  what  other  character  could  I  have  spoken,  or 
what  other  language  did  the  occasion  require  to  be  employed? 
If  the  co-operation  of  the  government  of  Pennsylvania  was  the 
object  of  our  conference,  your  constitutional  requisition,  as  the 
executive  of  the  Union,  and  my  official  compliance  as  the  execu 
tive  of  the  State,  would  indubitably  insure  it ;  but  if  a  preliminary, 
a  separate,  an  unconnected  conduct  was  expected  to  be  pursued 
by  the  executive  magistrate  of  Pennsylvania,  his  separate  and 
unconnected  power  and  discretion  must  furnish  the  rule  of  pro 
ceeding;  and  by  that  rule,  agreeably  to  the  admission  which  I 
have  cited,  "  the  propriety  of  my  course  would,  in  most  if  not  in 
all  respects,  be  susceptible  of  little  question."  It  must,  there 
fore,  in  justice,  be  remembered,  that  a  principal  point  in  our  con 
ference  related  to  the  expediency  of  my  adopting,  independent  of 
the  general  government,  a  preliminary  measure  (as  it  was  then 
termed),  under  the  authority  of  an  act  of  the  legislature  of  Penn 
sylvania,  which  was  passed  on  the  22d  of  September,  1783,  and 
which  the  attorney-general  of  the  United  States  thought  to  be 
in  force,  but  which  had  in  fact  been  repealed  on  the  llth  of 
April,  1793. 

Upon  the  strictest  ideas  of  co-operative  measures,  however,  I 
do  not  conceive,  sir,  that  any  other  plan  could  have  been  sug 
gested  consistently  with  the  powers  of  the  executive  magistrate 
of  Pennsylvania,  or  with  a  reasonable  attention  on  my  part  to  a 
systematic  and  energetic  course  of  proceeding.  The  complicated 
nature  of  the  outrage  which  was  committed  upon  the  public  peace 
gave  a  jurisdiction  to  both  governments ;  but  in  the  mode  of  prose 
cuting,  or  in  the  degree  of  punishing  the  offenders,  the  circum 
stance  could  not,  I  apprehend,  alter  or  enlarge  the  powers  of 
either.  The  State,  as  I  observed  in  my  last  letter,  could  only 
exert  itself  in  executing  the  laws  or  maintaining  the  authority  of 
the  Union  by  the  same  means  which  she  employed  to  execute 
and  maintain  her  more  peculiarly  municipal  laws  and  authority; 
and  hence  I  inferred,  and  still  venture  to  infer,  that  if  the  course 
which  I  have  suggested  is  the  same  that  would  have  been  pur 
sued  had  the  riot  been  unconnected  with  the  system  of  federal 
policy,  its  propriety  cannot  be  rendered  questionable  merely  by 
taking  into  our  view  (what  I  never  have  ceased  to  contemplate) 
the  existence  of  a  federal  government,  federal  laws,  federal  judi 
ciary,  and  federal  officers.  But  would  it  have  been  thought  more 
consonant  with  the  principle  of  co-operation  had  I  issued  orders 
for  an  immediate,  a  separate,  and  an  unconnected  call  of  the  mi 
litia  under  the  special  authority  which  was  supposed  to  be  given 
by  a  law,  or  under  the  general  authority  which  may  be  presumed 
to  result  from  the  constitution  ?  Let  it  be  considered  that  you 
had  already  determined  to  exercise  your  legal  powers  in  drafting 


156  APPENDICES. 

a  competent  force  of  the  militia ;  and  it  will  be  allowed,  if  I  had 
undertaken  not  only  to  comply  with  your  requisition,  but  to  em 
body  a  distinct  corps  for  the  same  service,  a  useless  expense 
would  have  been  incurred  by  the  State,  an  unnecessary  burthen 
would  have  been  imposed  on  the  citizens,  and  embarrassment 
and  confusion  would  probably  have  been  introduced  instead  of 
system  and  co-operation.  Regarding  it  in  this  point  of  light, 
indeed,  it  may  be  natural  to  think  that,  in  the  judiciary  as  well 
as  the  military  department,  the  subject  should  be  left  entirely  to 
the  management  either  of  the  State  or  of  the  general  govern 
ment  ;  for  "the  very  important  difference  which  is  supposed  to 
exist  in  the  nature  and  consequences  of  the  offences  that  have 
been  committed,  in  the  contemplation  of  the  laws  of  the  United 
States  and  of  those  of  Pennsylvania,"  must  otherwise  destroy 
that  uniformity  in  the  distinction  of  crimes  and  the  apportion 
ment  of  punishments  which  has  always  been  deemed  essential 
to  a  due  administration  of  justice. 

But  let  me  not,  sir,  be  again  misunderstood.  I  do  not  mean 
by  these  observations  to  intimate  an  opinion  or  to  express  a  wish 
that  "the  care  of  vindicating  the  authority  or  of  enforcing  the 
laws  of  the  Union  should  be  transferred  from  the  officers  of  the 
general  government  to  those  of  the  State  ;"  nor,  after  expressly 
avowing  that  I  had  cautiously  avoided  any  reference  to  the  con 
duct  which  the  government  of  the  United  States  might  pursue 
on  this  important  occasion,  did  I  think  an  opportunity  could  be 
found  to  infer  that  I  was  desirous  of  imposing  a  suspension  of 
your  proceedings  for  the  purpose  of  waiting  the  issue  of  the 
process  which  I  designed  to  pursue.  If,  indeed,  "  the  govern 
ment  of  the  United  States  was  at  that  point,  where  it  was  ad 
mitted,  if  the  government  of  Pennsylvania  was,  the  employment 
of  force  by  its  authority  would  be  justifiable,"  1  arn  persuaded 
that,  on  mature  consideration,  you  will  do  more  credit  to  my  can 
dor  than  to  suppose  I  meant  to  condemn  or  to  prevent  the  adop 
tion  of  those  measures  on  the  part  of  the  general  government 
which,  in  the  same  circumstances,  I  should  have  approved  and 
promoted  on  the  part  of  Pennsylvania. 

The  extracts  that  are  introduced  into  the  letter  of  the  Secre 
tary  of  State,  in  order  to  support  that  inference,  can  only  be  justly 
applied  to  the  case  which  was  immediately  in  contemplation — the 
case  of  the  State  of  Pennsylvania,  whose  judiciary  authority 
had  not  then,  in  my  opinion,  been  sufficiently  tried.  They  ought 
not  surely  to  be  applied  to  a  case  which  I  had  cautiously  excluded 
from  .my  view — the  case  of  the  United  States,  whose  judiciary 
had,  in  your  opinion,  proved  inadequate  to  the  execution  of  the 
laws  and  the  preservation  of  order.  And  if  they  shall  be  thus 
limited  to  their  proper  object,  the  justice  and  force  of  the  argu- 
meat  wJaLch  flows  from  them  can  never  be  successfully  contro- 


THE    WESTERN  INSURRECTION.  157 

verted  or  denied.  While  you,  sir,  were  treading  in  the  plain 
path  designated  by  a  positive  law,  with  no  other  care  than  to 
preserve  the  forms  which  the  legislature  had  prescribed,  and  re 
lieved  from  a  weight  of  responsibility  by  the  legal  operation  of  a 
judge's  certificate,  I  was  called  upon  to  act  not  in  conformity  to 
a  positive  law,  but  in  compliance  with  the  duty  which  is  sup 
posed  to  result  from  the  nature  and  constitution  of  the  executive 
office. 

The  legislature  had  prescribed  no  forms  to  regulate  my  course, 
— no  certificate  to  inform  my  judgment;  every  step  must  be  dic 
tated  bv  my  own  discretion ;  and  every  error  of  construction  or 
conduct  would  be  charged  on  my  own  character.  Hence  arose 
an  essential  difference  in  our  official  situations;  and  I  am  con 
fident  that  on  this  ground  alone  you  will  perceive  a  sufficient 
motive  for  my  considering  the  objection,  in  point  of  law,  to  for 
bear  the  use  of  military  force  till  the  judiciary  authority  has  been 
tried,  as  well  as  the  probable  effects,  in  point  of  policy,  which  that 
awful  appeal  might  produce.  For,  sir,  it  is  certain  that,  at  the 
time  of  our  conference,  there  was  no  satisfactory  evidence  of  the 
iricompetency  of  the  judicial  authority  of  Pennsylvania  to  vin 
dicate  the  violated  laws  ;  I  therefore  could  not,  as  executive 
magistrate,  proceed  upon  a  military  plan  ;  but,  actuated  by  the 
genuine  spirit  of  co-operation,  not  by  a  desire  to  sully  the  dig 
nity  or  to  alienate  the  powers  of  the  general  government,  I  still 
hoped  and  expected  to  be  able,  on  this  as  on  former  occasions,  to 
support  the  laws  of  the  Union,  to  punish  the  violators  of  them, 
by  an  exertion  of  the  civil  authority  of  the  State  government, 
the  State  judiciary,  and  the  State  officers.  This  hope  prompted 
the  conciliatory  course  which  I  determined  to  pursue,  and  which, 
so  far  as  respects  the  appointment  of  commissioners,  you  have 
been  pleased  to  incorporate  with  your  plan.  And  if,  after  all, 
the  purposes  of  justice  could  be  attained,  obedience  to  the  laws 
could  be  restored,  and  the  horrors  of  a  civil  war  could  be  averted 
by  the  auxiliary  intervention  of  the  State  government,  I  am  per 
suaded  you  will  join  me  in  thinking  that  the  idea  of  placing  the 
State  in  a  separate  and  unconnected  point  of  view,  and  the  idea 
of  making  a  transfer  of  the  powers  of  the  general  government, 
are  not  sufficiently  clear  and  cogent  to  supersede  such  moment 
ous  considerations. 

Having  thus  generally  explained  the  principles  contained  in 
my  letter  of  the  fifth  instant,  permit  me  (without  adverting  to 
the  material  change  which  has  since  occurred  in  the  state  of  our 
information  relatively  to  the  riots,  and  which  is  calculated  to 
produce  a  corresponding  change  of  sentiments  and  conduct)  to 
remark  that  many  of  the  facts  that  are  mentioned  by  the  Secre 
tary  of  State,  in  order  to  show  that  the  judiciary  authority  of  the 
Union,  after  a  fair  and  full  experiment,  had  proved  incompetent 


158  APPENDICES. 

to  enforce  obedience  or  punish  infractions  of  the  laws,  were,  be 
fore  that  communication,  totally  unknown  to  me.  But  still,  if  it 
shall  not  be  deemed  a  deviation  from  the  restriction  that  I  have 
determined  to  impose  upon  my  correspondence,  I  would  offer 
some  doubts  which,  in  that  respect,  occurred  to  my  mind  on  the 
evidence  as  it  appeared  at  the  time  of  our  conference.  When  I 
found  that  the  marshal  had,  without  molestation,  executed  his 
office  in  the  county  of  Fayette,  that  he  was  never  insulted  or 
opposed  till  he  acted  in  company  with  General  Neville,  and  that 
the  virulence  of  the  rioters  was  directly  manifested  against  the 
person  and  property  of  the  latter  gentleman,  and  only  incident 
ally  against  the  person  of  the  former,  I  thought  there  was  ground 
yet  to  suppose  (and  as  long  as  it  was  reasonable  I  wished  to  sup 
pose)  that  a  spirit  of  opposition  to  the  officers  employed  under 
the  excise  law,  and  not  a  spirit  of  opposition  to  the  officers  em 
ployed  in  the  administration  of  justice,  was  the  immediate  source 
of  the  outrages  which  we  deprecate.  It  is  true  that  these  sources 
of  opposition  are  equally  reprehensible,  and  that  their  effects  are 
alike  unlawful ;  but  on  a  question  respecting  the  power  of  the 
judiciary  authority  to  enforce  obedience  or  to  punish  infractions 
of  the  law,  it  seemed  to  be  material  to  discriminate  between  the 
cases  alluded  to,  and  to  ascertain  with  precision  the  motives  and 
the  object  of  the  rioters.  Again :  as  the  associate  judge  had  not 
at  that  time  issued  his  certificate,  it  was  proper  to  scrutinize  with 
strict  attention  the  nature  of  the  evidence  on  which  an  act  of 
government  was  to  be  founded.  The  Constitution  of  the  Union, 
as  well  as  of  the  State,  had  cautiously  provided,  even  in  the 
case  of  an  individual,  that  "no  warrant  should  issue  but  upon 
probable  cause,  supported  by  oath  or  affirmation,  and  particularly 
describing  the  place  to  be  searched  and  the  persons  or  things  to 
be  seized."  And  a  much  higher  degree  of  caution  might  rea 
sonably  be  exercised  in  a  case  that  involved  a  numerous  body 
of  citizens  in  the  imputation  of  treason  or  felony,  and  required 
a  substitution  of  the  military  for  the  judicial  instruments  of 
coercion.  The  only  affidavits  that  I  recollect  to  have  appeared 
at  the  time  of  our  conference  were  those  containing  the  hear 
say  of  Colonel  Mentges  and  the  vague  narrative  of  the  post- 
rider.  The  letters  that  had  been  received  from  a  variety  of 
respectable  citizens,  not  being  written  under  the  sanction  of  an 
oath  or  affirmation,  could  not  acquire  the  legal  force  and  validity 
of  evidence  from  a  mere  authentication  of  the  signatures  of  the 
respective  writers.  Under  such  circumstances,  doubts  arose, 
not  whether  the  means  which  the  laws  prescribe  for  effectuating 
their  own  execution  should  be  exerted,  but  whether  the  existence 
of  a  specific  case,  to  which  specific  means  of  redress  were  ap 
propriated  by  the  laws,  had  been  legally  established ;  not  whether 
the  laws,  the  constitution,  the  government,  the  principles  of  social 


THE    WES  TEEN  INSURRECTION.  159 

order,  and  the  bulwarks  of  private  right  and  security  should  be 
sacrificed,  but  whether  the  plan  proposed  was  the  best  calculated 
to  preserve  those  inestimable  blessings.  And  recollecting  a 
declaration  which  was  made  in  your  presence  that  "it  would 
not  be  enough  for  a  military  force  to  disperse  the  insurgents  and 
to  restore  matters  to  the  situation  in  which  they  were  two  or 
three  weeks  before  the  riots  were  committed,  but  that  the  force 
must  be  continued  for  the  purpose  of  protecting  the  officers  of 
the  revenue  and  securing  a  perfect  acquiescence  in  the  obnoxious 
law,"  I  confess,  sir,  the  motives  to  caution  and  deliberation 
strike  my  mind  with  accumulated  force.  I  hope,  however,  that 
it  will  never  seriously  be  contended  that  a  military  force  ought 
now  to  be  raised  with  any  view  but  to  suppress  rioters ;  or  that 
if  raised  with  that  view,  it  ought  to  be  employed  for  any  other. 
The  dispersion  of  the  insurgents  is,  indeed,  obviously  the  sole 
object  for  which  the  act  of  Congress  has  authorized  the  use  of 
military  force  on  occasions  like  the  present ;  for,  with  a  generous 
and  laudable  precaution,  it  expressly  provides  that  even  before 
that  force  may  be  called  forth  a  proclamation  shall  be  issued 
commanding  the  insurgents  to  disperse  and  retire  peaceably  to 
their  respective  abodes  within  a  limited  time. 

But  the  force  of  these  topics  I  again  refer  implicitly  to  your 
decision,  convinced,  sir,  that  the  goodness  of  your  intentions 
now,  not  less  than  heretofore,  merits  an  affectionate  support  from 
every  description  of  your  fellow-citizens.  For  my  own  part,  I 
derive  a  confidence  from  the  heart-felt  integrity  of  my  views,  the 
sincerity  of  my  professions,  which  renders  me  invulnerable  by 
any  insinuation  of  practising  a  sinister  or  deceitful  policy. 

I  pretend  not  to  infallibility  in  the  exercise  of  my  private  judg 
ment,  or  in  the  discharge  of  my  public  functions ;  but  in  the 
ardor  of  my  attachment  and  in  the  fidelity  of  my  services  to  our 
common  country  I  feel  no  limitations.  And  your  Excellency, 
therefore,  may  justly  be  assured  that  in  every  way  which  the 
Constitution  of  the  United  States  and  of  Pennsylvania  shall  au 
thorize  and  present,  or  future  exigencies  may  require,  you  will 
receive  my  most  cordial  aid  and  support. 

I  am,  with  perfect  respect,  etc. 


160  APPENDICES. 

No.  2. 

(FROM  THE  AMERICAN  DAILY  ADVERTISER.) 

"  MESSRS.  DUNLAP  &  CLAYPOLK,— The  following  sketch  of  '  The  Feat 
ures  of  Mr.  Jay's  Treaty'  was  made,  originally,  with  a  view  to  ascertain 
for  private  satisfaction  the  principles  and  operation  of  an  instrument 
which  has  excited  such  extensive  curiosity  and  is  calculated  to  produce 
such  important  effects.  It  is  published,  however,  at  the  instance  of  several 
persons,  who  think  that  the  subject  should  be  placed  in  every  possible 
light;  and  that  no  citizen  can  be  justified  at  this  crisis  in  suppressing 
his  opinions,  or  in  withholding  his  share  of  information  from  the  common 
stock.  But  while  it  is  committed  to  the  press,  I  wish  it  to  be  considered 
merely  as  a  text,  which  may  hereafter  be  extended  by  commentary  or 
explained  by  illustration  ;  and  though  it  will  give  me  pleasure  (since  my 
sole  object  on  this  occasion  is  the  investigation  of  political  truth)  to  see  i't 
become  a  source  of  candid  animadversion,  I  trust  it  will  not,  according 
to  the  custom  of  contending  parties,  be  regarded  as  an  instrument  of  faction, 
nor  be  made  the  foundation  of  slander  and  abuse." 


FEATURES  OF  MR.  JAY1S  TREATY, 

TO  WHICH  IS  ANNEXED  A  VIEW  OF  THE  COMMERCE  OF  THE  UNITED 
STATES  AS  IT  STANDS  AT  PRESKNT  AND  AS  IT  IS  FIXED  BY  MR. 
JAY'S  TREATY. 

I.    The  origin  and  progress  of  Ike  negotiation  for  the  treaty 
are  not  calculated  to  excite  confidence. 

1.  The  administration  of  our  government  have,  seemingly  at 
least,  manifested  a  policy  favorable  to  Great  Britain  and  adverse 
to  France. 

2.  But  the  House  of  Representatives  of  Congress,  impressed 
with  the  general  ill  conduct  of  Great  Britain  towards  America, 
were  adopting-  measures  of  a  mild,  though  retaliating  nature,  to 
obtain  redress  and  indemnification.     The  frijuries  complained  of 
were,  principally, — 1st,  the  detention  of  the  western  posts  ;   2dly, 
the  delay  in  compensating  for  the  negroes  carried  off  at  the  close 
of  the  war ;  and  3dly,  the  spoliations  committed  on  our  commerce. 
The  remedies  proposed  were,  principally, — 1st,  the  commercial 
regulations  of  Mr.  Madison  ;  2dly,  the  non-intercourse  proposi 
tion    of   Mr.    Clarke ;    3diy,   the    sequestration   motion    of   Mr. 
Dayton  ;  4thly,  an  embargo  ;  and  5thly,  military  preparation. 

3.  Every  plan  of  the  legislature  was,  however,  suspended,  or 
rather  annihilated,  by  the  interposition  of  the  executive  authority ; 
and  Mr.  Jay,  the  chief  justice  of  the  United  States,  was  taken 
from  his  judicial  seat  to  negotiate  with  Great  Britain,  under  the 


FEATURES   OF  MR.  JAY'S    T»*T>fiw'*. 


influence  of  the  prevailing  sentiment  of  the  people,  for  the  redress 
of  our  wrongs.  Query — Are  not  his  commission  and  the  exe 
cution  of  it  at  variance  ?  Is  any  one  of  our  wrongs  actually 
redressed  ?  Is  not  an  atonement  to  Great  Britain,  for  the  in 
juries  she  pretends  to  have  suffered,  a  preliminary  stipulation  ? 

4.  The  political  dogmas  of  Mr.  Jay  are  well  known  ;  his  pre 
dilection,  in  relation  to  France  and  Great  Britain,  has  not  been 
disguised,  and  even  on  the  topic  of  American  complaints,  his 
reports,  while  in  the  office  of  secretary  for  foreign  affairs,  and  his 
adjudications  while  in  the  office  of  chief  justice,  were  not  calcu 
lated  to  point  him  out  as  the  single  citizen  of  America  fitted  for 
the  service  in  which  he  was  employed.     Query — Do  not  personal 
feelings  too  often  dictate  and  govern  the  public  conduct  of  minis 
ters  ?    But  whatever  may  have  been  his  personal  disqualifications, 
they  are  absorbed  in  the  more  important  consideration  of  the 
apparent  violence  committed  by  Mr.  Jay's  appointment,  on  the 
essential  principles  of  the  constitution.     That  topic,  however,  has 
already  been  discussed,  and  we  may  pass  to  the  manner  of  nego 
tiating  the  treaty  in  England,  which  was  at  once  obscure  and 
illusory.      We  heard  of  Mr.  Jay's  diplomatic  honors  ;   of  the 
royal  and  ministerial  courtesy  which  was  shown  to  him,  and  of 
the  convivial  boards  to  which  he  was  invited ;  but,  no  more  ! 
Mr.  Jay,  enveloped  by  a  dangerous  confidence  in  the  intuitive 
faculties  of  his  own  mind,  or  the  inexhaustible  fund  of  his  diplo 
matic  information,  neither  possessed  nor  wished  for  external  aid  ; 
while   the   British    negotiator,   besides    his  own    acquirements, 
entered  on  the  points  of  negotiation  fraught  with  all  the  auxiliary 
sagacity   of  his  brother  ministers,  and   with   all    the  practical 
knowledge  of  the  most  enlightened  merchants  of  a  commercial 
nation.     The  result  corresponds  with  that  inauspicious  state  of 
things.     Mr.  Jay  was  driven  from  the  ground  or"  an  injured,  to 
the  ground  of  an  aggressing  party ;  he  made  atonement  for  im 
aginary  wrongs  before  he  was  allowed  justice  for  real  ones  ;  he 
converted  the  resentments  of  the  American  citizens  (under  the 
impressions  of  which  he  was  avowedly  sent  to  England)  into 
amity  and  concord  ;  and  seems  to  have  been  so  anxious  to  rivet  a 
commercial  chain  about  the  neck  of  America  that  he  even  forgot, 
or  disregarded,  a  principal  item  of  her  own  produce  (cotton),  in 
order  to  make  a  sweeping  sacrifice  to  the  insatiable  appetite  of 
his  maritime  antagonist.     But  the  idea  of  the  treaty,  given  by 
Mr.  Pitt  in  answer  to  Mr.   Fox,  who,  before  he  had  seen,  ap 
plauded  it  as  an  act  of  liberality  and  justice  towards  America, 
was  the  first  authoritative  alarm  to  our  interests  and  our  feelings. 
"  When  the  treaty  is  laid  before  the  Parliament  (said  the  minis 
ter),  you  will  best  judge  whether  any  improper  concession  has 
been  made  to  America!" 

5.  The  treaty  being  sent  here  for  ratification,  the  President 


162  APPENDICES. 

and  the  Senate  pursue  the  mysterious  plan  in  which  it  was  ne 
gotiated.  It  has  been  intimated  that,  till  the  meeting  of  the 
Senate,  the  instrument  was  not  communicated  even  to  the  most 
confidential  officers  of  the  government ;  and  the  first  resolution 
taken  by  the  Senate  was  to  stop  the  lips  and  ears  of  its  members 
against  every  possibility  of  giving  or  receiving  information. 
Every  man,  like  Mr.  Jay,  was  presumed  to  be  inspired.  In  the 
course  of  the  discussion.,  however,  some  occurrences  flashed  from 
beneath  the  veil  of  secrecy ;  and  it  is  conjectured  that  the  whole 
treaty  was,  at  one  time,  in  jeopardy.  But  the  rhetoric  of  a 
minister  (not  remarkable  for  the  volubility  of  his  tongue)  who 
was  brought  post-haste  from  the  country ;  the  danger  of  exposing 
to  odium  and  disgrace  the  distinguished  American  characters 
who  would  be  aifected  by  a  total  rejection  of  the  treaty ;  and 
the  feeble,  but  operative,  vote  of  a  member  transported  from  the 
languor  and  imbecility  of  a  sick-room  to  decide  in  the  Senate  a 
great  national  question,  whose  merits  he  had  not  heard  discussed, 
triumphed  over  principle,  argument,  and  decorum ! 

6.  But  still  the  treaty  remains  unratijied ;  for,  unless  the 
British  government  shall  assent  to  suspend  the  obnoxious  twelfth 
article  (in  favor  of  which,  however,  many  patriotic  members 
declared  their  readiness  to  vote),  the  whole  is  destroyed  by  the 
terms  of  the  ratification ;  and  if  the  British  government  shall 
agree  to  add  an  article  allowing  the  suspension,  the  whole  must 
return  for  the  reconsideration  of  the  Senate.  But  the  forms  of 
mystery  are  still  preserved  by  our  government ;  and  attempts  to 
deceive  the  people  have  been  made  abroad  upon  a  vain  presump 
tion  that  the  treaty  could  remain  a  secret  till  it  became  obligatory 
as  a  law. 

For  instance,  in  Fenno's  paper  of  the  25th  of  June,  it  is 
unequivocally  declared,  "  the  treaty  of  amity,  commerce,  and 
navigation  was  ratified  yesterday  by  the  Senate  of  the  United 
States  ;"  and,  even  while  he  corrects  that  mistake  in  the  paper  of 
the  following  day,  he  commits  an  error  of  a  more  extraordinary 
kind  (particularly  when  we  consider  that  he  is  the  confidential 
person  who  printed  the  treaty  for  the  use  of  the  Senate)  by 
asserting  that,  in  the  twelfth  article,  "the  United  States  are 
prohibited  from  exporting  to  Europe  from  the  said  States  sugar, 
coffee,  cotton,  and  cocoa,  the  produce  of  any  of  the  West  India 
Islands."  The  fact  must  have  been  known  to  Mr.  Fenno  that 
the  prohibition  operates  universally,  whether  the  prohibited 
articles  are  the  produce  of  the  West  India  Islands,  of  the  East 
Indies,  of  the  United  States,  or  of  any  other  part  of  the  world. 
The  next  essay  to  render  the  envelopments  of  the  treaty  still  more 
opaque,  appeared  in  the  American  Daily  Advertiser  of  the  27th 
of  June.  The  writer  (who  is  said  to  be  a  member  of  the  Senate) 
likewise  regards  the  ratification,  in  his  introduction,  as  a  perfect 


FEATURES    OF  ME.  JAY'S    TREATY.         163 

one  ;  and,  after  giving  a  gloss  to  the  general  texture  of  the 
treaty,  he  ascribes  the  obnoxious  principle  of  the  twelfth  article 
to  an  error  which,  it  appears,  has  been  inadvertently  introduced. 
An  error  inadvertently  introduced  into  an  instrument  which  was 
under  the  consideration  of  the  chief  justice  of  the  United  States 
and  the  British  minister  for  a  term  of  eight  months !  and  intro 
duced,  too,  into  a  part  of  that  very  article  which  is  made  the  sole 
foundation  of  the  whole  commercial  superstructure  !  Whenever 
the  twelfth  article  ceases,  the  treaty  declares  every  other  article, 
except  the  ten  first  articles,  shall  also  cease  !  But  the  author  of 
that  sketch  proceeds  one  step  further, — he  says  "  that  every  cause 
of  offence  or  collision  towards  the  French  seems  to  have  been 
studiously  avoided  in  the  progress  of  the  negotiation ;"  for,  "  no 
article  oAhe  treaty  clashes  in  the  smallest  degree  with  the  obli 
gations  and  engagements  contracted  with  that  gallant  nation !" 
Let  the  treaty  speak  for  itself, — it  is  more  to  be  hoped  than  ex 
pected,  that  the  voice  of  France  should  not  likewise  be  heard  in 
opposition  to  so  bold  an  assertion. 

II.  Nothing  is  settled  by  the  treaty. 

1.  The  western  posts  are  to  be  given  up. 

2.  The  northern  boundary  of  the  United  States  is  to  be  ami 
cably  settled. 

3.  The  river  meant  by  St.  Croix  River  in  the  treaty,  is  to  be 
settled. 

4.  The  payment  for  spoliations  is  to  be  adjusted  and  made. 

5.  The  ultimate  regulation  of  the  West  India  trade  is  to  de 
pend  on  a  negotiation  to  be  made  in  the  course  of  two  years  after 
the  termination  of  the  existing  war. 

6.  The  question  of  neutral  bottoms  making  neutral  goods  is 
to  be  considered  at  the  same  time. 

t.  The  articles  that  may  be  deemed  contraband  are  to  be  set 
tled  at  the  same  time. 

8.  The  equalization  of  duties  laid  by  the  contracting  parties 
on  one  another  is  to  be  hereafter  treated  of. 

9.  All  the  commercial  articles  depend  on  the  existence  of  the 
twelfth  article,  which  may  continue  twelve  years,  if  it  is  so  agreed 
within  two  years  after  the  expiration  of  the  war ;  but  if  it  is  not 
so  agreed,  it  expires,  and  with  it  all  the  dependent  parts  of  the 
treaty.     Query — Does  not  the  Senate's  suspension  of  the  twelfth 
article  bring  us  to  the  same  ground  ? 

10.  The  whole  business  of  Mr.  Jay's  negotiation  is  left  open 
by  the  twenty-eighth  article,  for  alteration,  amendment,  and  ad 
dition,  by  new  articles,  which,  when  agreed   upon   and  ratified, 
shall  become  a  part  of  this  treaty. 

Query  —  Does  not  the  history  of  treaties  prove  that  whenever 
commissioners  have  been   appointed  by  the  parties,  to  take  all 


164  APPENDICES. 

the  subjects  of  their  dispute  ad  referendum,  for  the  sake  of 
getting  vid  of  an  immediate  pressure,  and  patching  up  a  peace, 
the  matter  terminates  in  creating,  not  in  settling,  differences  ? 

III.    The  treaty  contains  a  colorable,  but  no  real,  reciprocity. 

1.  The  second  article  provides  for  the  surrender  of  the  western 
posts  in  June,  1796 ;  but  it  stipulates  that,  in  the  mean  time,  the 
citizens  of  the  United  States  shall  not  settle  within  the  precincts 
and  jurisdiction  of  those   posts;  that  the   British  settlers  there 
shall  hold   and  enjoy  all  their  property  of  every  kind,  real  and 
personal ;  and  that  when  the  posts  are  surrendered,  such  settlers 
shall  have  an  election  either  to  remain  British  subjects  or  to  be 
come  American  citizens.     Query — Were  not  the  western  posts, 
and  all  their  precincts  and  jurisdiction,  the  absolute  property  of 
the    United    States    by  the    treaty   of   peace  ?      Query  —  What 
equivalent  is  given  for  this  cession  of  the  territory  of  the  United 
States  to  a  foreign  power?     Query — How  far  do  the  precincts 
and  jurisdiction  of  the  posts  extend  ?     Query — Does   not  the 
treaty  give  an  implied   assent  to   Major   Campbell's   claim,  by 
adopting  its  language,  as  far  as  the  falls  of  the  Miami,  and  to  the 
northern  claim  upon  the  territories  of  New  York  and  Vermont  ? 

2.  The  third  article  stipulates  that  the  two  contracting  parties 
mav  frequent  the  ports  of  either  party  on  the  eastern  banks  of 
the  Mississippi.     Query — What  ports  has  Great  Britain  on  the 
eastern  banks  of  the  Mississippi  ? 

3.  The  third  article  likewise  opens  an  amicable  intercourse  on 
the  lakes;  but  excludes  us  from  their  seaports  and  the  limits  of 
the  Hudson's  Bay  Company;  and  excludes  them  from  navigating 
our  Atlantic  rivers  higher  than  the  highest  port  of  entry  in  each. 
Query — What  are  the  limits  of  the  Hudson's  Bay  Company? 
Query — What  equivalent  do  the  United  States  obtain  for  the 
general  freedom   of  navigation,  portage,  and  passage  ?     For  it 
must  be  remembered  that  the  British  rivers  penetrate  the  heart 
of  the  country, — but  of  those  we  can  take  no  advantage;  while 
Great  Britain  is  in  fact  admitted  to  all  the  advantages  of  which 
our  Atlantic  rivers  are  susceptible. 

4.  The  sixth  and  seventh  articles  provide  for  satisfying  every 
demand  which  Great  Britain  has  been  able,  at  any  time,  to  make 
against  the  United  States  (the  payment  of  the  British  debts  due 
before  the   war,  and   the   indemnification   for   vessels   captured 
within  our  territorial  jurisdiction) ;  but  the  provision  made  for  the 
American  claims  upon  Great  Britain  is  not  equally  explicit  or 
efficient  in    its    terms,   nor  is   it   coextensive   with   the   object. 
Query — Why  is  the  demand  for  the  negroes  carried  off  by  the 
British  troops  suppressed,  waived,  or  abandoned  ?    The  preamble 
to  the  treaty  recites  an  intention  to  terminate  the  differences 


FEATURES   OF  ME.  JAY'S    TEE  AT  Y.        165 

between  the  nations :  was  not  the  affair  of  the  negroes  a  differ 
ence  between  the  nations  ?  and  how  has  it  been  terminated  ? 

5.  The   ninth    article   stipulates   that   the   subjects   of   Great 
Britain  and  the  citizens  of  the  United  States,  respectively,  who 
now  hold  lands  within  the  territories  of  either  nation,  shall  hold 
the  lands  in  the  same  manner  as  natives  do.     Query — What  is 
the  relative  proportion  of  lands  so  held  ?     Query — The  effect  to 
revive  the  claims  of  British  subjects  who,  either  as  traitors  or 
aliens,  have  forfeited  their  property  within  the  respective  States  ? 
Query — The  operation  of  such  a  compact  on  the  internal  policy 
of  the  Union,  combined  with  the  solemn  recognition  of  a  colony 
of  British  subjects,  professing  and  owing  allegiance  to  the  British 
crown,  though  settled  within  the  acknowledged  territory  of  the 
United  States,  by  virtue  of  the  second  article? 

6.  The  tenth  article  declares  that  neither  party  shall  sequester 
or  confiscate  the  debts  or  property  in  the  funds,  etc.  belonging  to 
the  citizens  of  the  other  in  case  of  a  war  or  of  national  differ 
ences.     Great  Britain  has  fleets  and  armies:  America  has  none. 
Query — Does  not  this,  supported   by  other  provisions,  which 
forbid  our  changing  the  commercial  situation  of  Great  Britain,  or 
imposing  higher  duties  on  her  than  on  other  nations,  deprive  the 
United  States  of  their  best  means  of  retaliation  and  coercion  ? 
Query — Is  it  not  taking  from  America  her  only  weapon  of  de 
fence  ;  but  from  Great  Britain  the  least  of  two  weapons  which 
she  possesses?     What  is  the  relative  proportion   held  by  the 
citizens  of  the  contracting  nations,  respectively,  in  the  funds,  etc. 
of  each  other  ? 

7.  The  twelfth   article   opens  to   our  vessels,  not  exceeding 
seventy  tons,  an  intercourse  with  the  British  West  India  Islands 
during  the  present  war,  and  for  two  years  after;  but  it  prohibits 
our  exporting  from  the  United  States,  molasses,  sugar,  cocoa, 
coffee,  or  cotton  to  any  part  of  the  world,  whether  those  articles 
are  brought  from  British,  French,  or  Spanish  islands,  or  even 
raised  (as  cotton  is)  within   our  own   territory.     Query — Are 
vessels  of  seventy  tons  equal  to  maintain  the  most  beneficial  part 
of  our  trade  with  the  West  Indies,  the  transportation  of  lumber, 
etc.  ?     Query — Do  we  not  in  the  time  of  war  (and  the  continu 
ance  of  the  privilege  for  more  than  two  years  after  the  war 
depends  on  the  situation  in  which  his  Majesty  of  Great  Britain 
shall  then  find  himself  in  relation  to  the  islands)  enjoy  a  greater 
privilege,  under  the  temporary  proclamations   of  the  colonial 
governors,   than   this   article    admits  ?     Query — Have    not   the 
articles  which  we  are  prohibited  from  exporting  formed,  of  late, 
a  valuable  part  of  our  trade  ?     Is  not  cocoa  chiefly  cultivated  by 
the  Spaniards  ?    Is  not  cotton  a  staple  of  America  ?    Is  our  own 
consumption  equal  to  our  importation  or  growth  of  the  prohibited 
articles?     Will  not  the  want  of  a  vent  for  any  surplus  quantity 


166  APPENDICES. 

affect  the  other  branches  of  our  commerce,  diminish  the  demand 
for  ship-building,  and  injure  our  agriculture  ?  If  we  are  now 
thrown  out  of  this  branch  of  the  carrying  trade,  shall  we  be  ever 
able  to  recover  it  ?  and,  in  short,  will  not  the  loss  be  of  lasting 
detriment  to  all  our  maritime  exertions? 

8.  The  thirteenth  article  admits  us  to  trade  in   the  British 
settlements  in  the  East  Indies ;    but  it  excludes  us  from  any 
share  in  the  coasting  trade  of  that  country ;  it  forbids  our  pene 
trating  the  interior  of  the  country,  or  holding  an  intercourse  with 
the  natives,  unless  under  a  license  from  the  local  British  govern 
ment  ;  and  it  compels  us  to  land  all  the  articles  that  are  there 
shipped   in  the  United  States.     Is  not  China  the  independent 
territory  of  the  emperor  ?     Is  not  Canton  an  open  port  accessible 
to  all  nations?     Do  we  not  obtain  there,  and  at  independent 
places  in  the  East  Indies  with  which  we  have,  at  present,  an  un 
interrupted  communication,  tea,  porcelain,  nankeens,  silk,  etc., 
upon  the  principles  of  a  free  trade  ?     Does  not  a  very  advanta 
geous  part  of  the  trade  in  that  quarter  of  the  globe  consist  in  the 
exchange  of  the  products  and  manufactures  of  the  East  Indies 
for  those  of  China,  and  vice  versa?     Do  not  our  importations  of 
East  India  goods  far  exceed  our  consumption  ?     Is  not  the  trade 
which  we  carry  on  with  those  goods  in  Europe,  highly  beneficial  ? 
Are  not  sugar  and  coffee  a  part  of  our  importations  from  India? 
and  does  not  the  twelfth  article  prohibit  our  re-exporting  them  ? 
Does  our  trade  to  Europe,  founded  on  the  previous  intercourse 
with  India,  depend  on  the  British  license  ?  and  can  it  be  main 
tained  under  the  disadvantage  of  a  double  voyage?     Are  we 
not,  every  voyage,  making  favorable  impressions  on  the  natives 
of  China?     Do  we  not  participate,  at  present,  in  the  carrying 
trade  of  that  country?     Does  not  our   interest  in  it  increase 
rapidly  ? 

9.  The  several  articles  that  regulate  the  rights  and  privileges 
of  the  contracting  parties  within  their  respective  territories,  in 
case  either  of  them  is  engaged  in  a  war,  may  cease  in  two  years 
after  the  present  war  is  terminated,  and  cannot  be  protracted 
beyond  twelve  years.     Query — Are  not  all  these  advantages,  in 
effect,  exclusively  favorable  to  Great  Britain,  a  principal  mari 
time   power  of  Europe,  often  engaged  in  wars,  and  interested 
to  obtain  for  her  ships,  her  colonies,  and  herself  the  ports  and 
supplies  of  this  extensive  continent? 

Is  it  probable  that,  during  the  longest  possible  existence  of 
this  treaty  (twelve  years),  America  will  be  engaged  in  maritime 
wars,  will  want  English  ports  as  a  refuge  for  men-of-war  or  as  a 
retreat  for  prizes  ?  Or,  that  it  will,  during  that  period,  be  of  im 
portance  to  her  objects,  to  prevent  her  enemies  from  arming  in 
English  ports  or  selling  their  prizes  there  ? 

10.  The  twenty-second  article  provides  for  ships  of  war  being 


FEATURES    OF  MR.  JAY'S    TREATY.         167 

hospitably  treated  in  the  ports  of  the  respective  contracting 
parties  ;  and  that  officers  shall  be  treated  with  the  respect  that 
is  due  to  the  commissions  which  they  bear.  Query — Could  not 
the  principle  of  reciprocity,  as  well  as  humanity,  suggest  to 
Mr.  Jay  that  some  provision  should  be  made  to  protect  our  citi 
zen-sailors  from  the  fangs  of  British  press-gangs  in  England, 
and  from  the  horrors  of  their  prison-ships  in  the  West  Indies  ? 
Were  the  commissions  of  his  Britannic  Majesty  of  more  regard 
than  the  liberties  of  American  freemen?  Or,  was  it  unknown 
that  thousands  of  our  sailors  have  been  occasionally  enslaved  by 
the  impress  tyranny  of  the  British  government  ?  Or,  that  thou 
sands  have  lost  their  lives  in  noxious  prisons,  while  their  vessels 
were  carried  into  British  ports  for  "  LEGAL  ADJUDICATION?" 

11.  The  fourteenth  article  provides  for  a  perfect  liberty  of 
commerce  and  navigation,  and  for  the  accommodation  of  traders ; 
but  subject  always  to  the  laws  and  statutes  of  the  two  countries 
respectively.  Query — Are  not  the  laws  and  statutes  of  England 
infinitely  more  rigid,  on  the  subjects  of  this  article,  than  the  laws 
and  statutes  of  America  ? 

IY.    The  treaty  is  an  instrument  of  party. 

1.  The  discussions,  during  the  session  of  Congress  in  which 
Mr.  Jay's  mission  was  projected,  evinced  the  existence  of  two 
parties  upon  the  question, — whether  it  was  more  our  interest  to 
be  allied  with  the  republic  of  France  than  with  the  monarchy  of 
Great  Britain.     Query — Does  not  the  general  complexion  of  the 
treaty  decide  the  question  in  favor  of  the  alliance  with  Great 
Britain  ?     Query — Whether  that  complexion  does  not  manifestly 
arise  from  the  provisions,  for  admitting  a  British  colony  within 
our  territory,  in  the  neighborhood  of  the  western  posts ;  for  ad 
mitting  the  whole  British  nation,  without  an  equivalent,  into  a 
participation  of  our  territory  on  the  eastern  bank  of  the  Missis 
sippi  ;  for  naturalizing  all  the  holders  of  lands  ;  for  opening  a 
general  intercourse  with  their  traders  on  the  lakes,  in  the  interior 
of  our  country,  rendering  (as  it  is  idly  said)  the  local  advantages 
of  each  party  common  to  both  ;  for  regulating  the  external  trade 
of  the  two  nations  with  each  other;  for  admitting  citizens  to  be 
punished  as  pirates  who  take  commissions,  etc.  from  a  belliger 
ent  power  adverse  to  either  contracting  party  ;  for  fettering  the 
operations  of  our  treaty  with   France  ;  for  surrendering  crimi 
nals,  etc.  etc.  etc. 

2.  The  measures  proposed  by  one  party  to  retaliate  the  injuries 
offered  by  Great  Britain  to  our  territorial,  commercial,  and  politi 
cal  rights,  were  opposed  by  the  other,  precisely  as  the  treaty 
opposes  them.     For  instance  : 

(1)  Mr.  Madison  projects  a  regulation  of  our  commerce  with 
Great  Britain,  by  which  the  hostile  spirit  of  that  nation  might 


168  APPENDICES. 

be  controlled  on  the  footing  of  its  interest.  The  treaty  legiti 
mizes  the  opposition,  which  was  given  to  the  measure  in  Con- 
press,  by  declaring,  in  article-  fifteen,  "that  no  other  or  higher 
duties  shall  be  paid  by  the  ships  or  merchandise  of  the  one  party 
in  the  ports  of  the  other  than  such  as  are  paid  by  the  like  vessels 
or  merchandise  of  all  other  nations;  nor  shall  any  other  or  higher 
duty  be  imposed  in  one  country  on  the  importation  of  any  articles 
of  the  growth,  produce,  or  manufactures  of  the  other  than  are, 
or  shall  be,  payable  on  the  importation  of  the  like  articles  of  the 
growth,  etc.  of  any  foreign  country." 

(2)  Mr.  Clarke  proposes  to  manifest  and  enforce  the  public 
resentment  by  prohibiting  all  intercourse  between  the  two  na 
tions.     The  treaty  destroys  the  very  right  to  attempt  that  species 
of  national   denunciation  by  declaring,  in  the  same  article,  that 
"  no  prohibition  shall  be  imposed  on  the  exportation  or  importa 
tion  of  any  articles  to  or  from  the  territories  of  the  two  parties, 
respectively,  which  shall  not  equally  extend  to  all  other  nations." 

(3)  But  Mr.  Dayton  moves,  and  the  House  of  Representatives 
supports  his  motion,  for  the  sequestration  of  British  debts,  etc., 
to  insure  a  fund  for  paying  the  spoliations   committed  on  our 
trade.     The  treaty  (without  regarding  the  respect  due  to  the 
commission  which   is  borne  by  our  members  of  Congress)  not 
onlv  despoils  the  government  of  this  important  instrument  to 
coerce  a  powerful,  yet  interested  adversary  into  acts  of  justice, 
but  enters  likewise  into  a  commentary,  which,  considering  the 
conduct  of  one  of  the  brandies  of  our  legislature,  Lord  Gren- 
ville,  consistently  with  decorum,  could  not  have   expressed,  or 
at  least,  Mr.  Jay,  for  the  sake  of  our  national  dignity,  ought  not 
to  have  adopted.     The  tenth  article  declares,  that  "  neither  the 
debts  due  from  individuals  of  the  one  nation  to  individuals  of  the 
other,  nor  shares  nor  moneys  which  they  may  have  in  the  public 
funds,  or  in  the  public  or  private  banks,  shall  ever,  in  any  event 
of  war   or  national   difference,  be   sequestered  or  confiscated,  it 
being  unjust  and  impolitic  that  debts  and  engagements  contracted 
and  made  by  individuals  having  confidence  in  each  other  and  in 
their  respective  governments,  should  ever  be  destroyed  or  im 
paired  by  national  authority  on   account  of  national  differences 
and  discontents."     The  terms  are  very  similar  to  those  that  gave 
Mr.  Dayton  offence  in  a  speech  pronounced  by  Mr.  Ames ;  and 
certainly  it  will  be  deemed  no  mitigation  that  the  charge  of  com 
mitting  "an  unjust  and  impolitic  act,"  has  been  wantonly  en 
grafted   upon  the    most   solemn  of   all  instruments  —  a  public 
treaty  !    Query — Would  Lord  Grenville  have  consented  to  brand 
his  royal  master  with  the  title  of  Great  Sea  Bobber  if  Mr.  Jay's 
urbanity  could  have  permitted  him  to  borrow  the  epithet  from 
another  member  of  Congress,  in  order  to  insert  it  in  the  article 
that  relates  to  the  British  spoliations  on  our  trade  ?    But  perhaps 


FEATURES   OF  MR.  JAY'S    TREATY.        169 

Mr.  Jay  forgot  that  the  commentary  operated  as  a  reflection  on 
the  government  of  the  United  States,  and  only  meant  it  as  a 
reproach  to  Great  Britain,  for  sequestering,  during  the  late  war, 
and  retaining  at  this  moment,  the  property  belonging  to  Mary 
land  lying  in  the  Bank  of  England.  It  might,  likewise,  be  in 
tended  as  a  satire  upon  the  parliamentary  sequestration  of  French 
property  in  the  famous  "Intercourse  Act;"  or  perhaps  Mr.  Jay 
anticipated  the  revolution  in  Holland,  and  designed  his  com 
mentary  as  a  warning  against  the  seizing  of  Dutch  property, 
public  and  private;  which,  however,  has  since  taken  place,  in  spite 
of  his  solemn  admonition. 

3.  The  trials  that  had  occurred  relative  to  the  equipment  of 
French  privateers  in  our  ports,  and  the  enlistment  of  our  citizens 
in  the  service  of  the  republic,  had  produced  some  embarrassment 
in  the   course  of  party   pursuits.     These    are   obviated   by  the 
treaty.     The  British  nation,  by  which  the  empress  of  Russia  has 
always  been  supplied  with  naval  officers,  and  whose  fleets  and 
armies  are  always  crowded  with  volunteers  from  other  nations, 
consents  that  her  subjects  shall  not  serve  against  us,  and  stipu 
lates  that  our  citizens  shall  not  serve  against  her.     This  contract 
is  made  with  a  power  actually  engaged  in  a  war — and  seldom 
more  than  seven  years  clear  of  one — by  a  power  at  peace,  not 
liable,  from  her  local  position  and  political  constitution,  to  be  in 
volved  in  war,  and  in   strict  alliance  with   the  nation  against 
whom  the  stipulation  will  immediately  operate     Captain  Barney 
and  the  other  Americans  who  have  joined  the  arms  of  France, 
are  thus  involved  in  the  most  serious  dilemma.     If  they  expa 
triate  themselves  they  may  possibly  escape  the  vengeance  of  the 
American  government ;  but  will  that  save  them  from  the  ven 
geance  of  Great  Britain,  whose  concessions  on  the  doctrine  of 
expatriation  are  not  quite  so  liberal  ?     By-the-by,  it  may  here 
be  seasonably  repeated,  that  while  Mr.  Jay  was  so   willing  to 
prevent  American  citizens   from   entering   into  the  service    of 
France,  he  might  surely  have  taken  some  pains  to  secure  them 
from  being  pressed  into  the  service  of  England.     He  would  have 
found,  on  inquiry,  that  the  instances  of  the  latter  kind  are  infi 
nitely  more  numerous  than  of  the  former.     But  it  is  enough  that 
the  measure  will  be  introductory  of  a  law  favorable  to  the  view 
of  a  party  which  reprobates  every  idea  of  assisting  the  French, 
and  cultivates  every  means  of  conciliating  the  British. 

4.  It  has,  likewise,  been  thought  by  some  politicians  that  the 
energies  of  our  executive  department  require  every  aid  that  can 
be  given  to  them,  in  order  more  effectually  to  resist  and  control 
the  popular  branches  of  the  government     Hence  we  find  the 
treaty-making  power  employed  in  that  service  ;  and  Congress 
cannot  exercise  a  legislative  discretion  on  the  prohibited  points 

12 


170  APPENDICES. 

(though  it  did  not  participate  in  making  the  cession  of  its  au 
thority)  without  a  declaration  of  war  against  Great  Britain. 
George  the  Third  enjoys  by  the  treaty  a  more  complete  negative 
to  bind  us  as  States  than  he  ever  claimed  over  us  as  colonies. 

Y.  The  treaty  is  a  violation  of  the  general  principles  of  neu 
trality,  and  is  in  collision  with  the  positive  previous  engagements 
which  subsist  between  America  and  France. 

1.  It  is  a  general  principle  of  the  law  of  nations  that  during 
the  existence  of  a  war  neutral  powers   shall  not,  by  favor  or  by 
treaty,  so  alter  the  situation  of  one  of  the  belligerent  parties  as  to 
enable  him  more  advantageously  to  prosecute  hostilities  against 
his  adversary.     If,  likewise,  a  neutral  power  shall  refuse  or  evade 
treating  with  one  of  the  parties,  but  eagerly  enter  into  a  treaty 
with  the   other,  it  is  a  partiality  that  amounts  to  a  breach  of 
neutrality.    These  positions  may  be  supported  by  the  authority 
of  the  most  esteemed  writers  on  the  subject;  but  it  will  be  suf 
ficient  in  the  present  case  to  cite  the  conduct  of  Great  Britain 
herself.     Thus,  it  has  been  adjudged  by  Lord  Mansfield  "  that 
if  a  neutral  ship  trades  to  a  French  colony,  with  all  the  privileges 
of  a  French  ship,  and  and  is  thus  adopted  and  naturalized,  it 
must  be  looked  upon  as  a  French  ship  liable  to  be  taken."     (See 
Judge  Blackstone^s  Reports,  vol.  i.  pp.  313,  314.)     According  to 
the  principle  on  which  this  judgment  was  given,  the  act  of  issuing 
the  memorable  orders  of  the  6th  of  November,  1793,   and   the 
consequent  seizure  of  all  our  vessels,  are  attempted  to  be  justi 
fied.      Great  Britain   alleges  (when  it  is  injurious  to   France) 
that  trading  with  the  French  islands,  on  a  footing  not  allowed 
before  the  war,  is  a  breach  of  neutrality,  and  cause  of  confis 
cation;  and  therefore  Great  Britain   must  also  admit,  at  least 
America  will  not  deny,  that  trading  with  the  British  Islands,  on 
a  footing  not  allowed  before  the  war ;  or,  in    different  words, 
altering  and  enlarging  the  commercial  relations  of  the  two  coun 
tries,  is  equally  a  breach  of  our    neutrality   towards    France. 
When  the  sword  is  found  to  cut  both  ways,  the  party  who  uses 
it  has  no  right  to  complain. 

2.  That  we  have,  on  the  one  hand,  evaded  the  overtures  of  a 
treaty  with  France,  and  on  the  other  hand,  solicited  a  treaty  from 
Great  Britain,  are  facts  public  and  notorious.     Let  us  inquire, 
then,  what  Great  Britain  has  gained  on  the  occasion,  to  enable  her 
more  advantageously  to  prosecute  her  hostilities  against  France. 

(1)  Great  .Britain  has  gained  time.  As  nothing  is  settled  by 
the  treaty,  she  has  it  in  her  power  to  turn  all  the  chances  of  the 
war  in  her  favor,  and,  in  the  interim,  being  relieved  from  the 
odium  and  embarrassment  of  adding  America  to  her  enemies,  the 
current  of  her  operations  against  France  is  undivided,  and  will 
,of  course  flow  with  greater  vigor  and  certainty.  We  have  been 


FEATURES   OF  ME.  JAY'S    TREATY.        171 

for  so  many  years  satisfied  with  the  promises  of  the  treaty  of 
peace  that  Great  Britain  has  cause  to  expect,  at  least,  an  equal 
period  of  credit  for  the  promises  of  the  treaty  of  amity.  If, 
indeed,  it  is  true  that  the  reasons  assigned  by  Lord  Grenville  to 
Mr.  Jay  for  declining  an  immediate  surrender  of  the  posts  were, 
first,  that  the  British  traders  might  have  time  to  arrange  their 
outstanding  business, — a  privilege  that  is  expressly  granted  by 
the  treaty,  and  could  not,  therefore,  furnish  a  real  excuse  for  delay  ; 
and  secondly,  that  the  British  government  might  be  able  to 
ascertain  what  would  be  the  probable  effect  of  the  surrender,  on 
the  Indians, — a  reservation  that  demonstrates  an  intention  to  be 
governed  by  events ;  we  can  very  well  account  for  the  late  ex 
tensive  shipment  of  artillery  and  ammunition  to  Canada ;  and 
may  easily  calculate  the  importance  of  gaining  time,  in  order  to 
promote  the  American,  as  well  as  European,  objects  of  Great 
Britain. 

(2)  Great  Britain  gains  supplies  for  her  West  India  colonies ; 
and  that  for  a  period  almost  limited  to  the  continuance  of  the 
war,  under  circumstances  which  incapacitate  her  from  furnishing 
the  colonial  supplies  herself;   and,  indeed,  compel  her  to  invite 
the  aid  of  all  nations  in  furnishing  provisions  for  her  own  domes 
tic  support.     The  supplies  may  be  carried  to  the  islands  either 
in  American  bottoms  not  exceeding  seventy  tons,  or  in  British 
bottoms  of  any  tonnage. 

(3)  Great  Britain  gains  an  advantage  over  France  by  pro 
hibiting  the  exportation  of  sugar,  etc.,  in  consequence  of  which 
the  colonies  of  France  must,  in  a  great  measure,  remain  unsup- 
plied  with  provisions,  etc.,  as  they  can  only  in  general  pay  for 
them  in  those  articles  whose  use  is  confined  to  the  American 
consumption.     It  will  be  remembered  that  the  produce  of  the 
French  islands  has  of  late  constituted  a  great  part  of  our  Euro 
pean  remittances.     If,  therefore,  that  trade  is  cut  off,  and  at  the 
same  time,  besides  employing  our  own  small  craft  of  seventy 
tons,  Great  Britain  is  allowed,  to  any  extent  of  tonnage,  to  be  our 
West  India  factor,  it  is  obvious  that  our  consumption  of  sugar, 
coffee,  etc.  etc.  will  be  abundantly  supplied,  without  maintaining 
an  intercourse  with  the  French,  or  even  with  the  East  Indies,  to 
procure  any  of  those  articles.     Perhaps  this  method,  though  less 
bold,  will  be  more  effectual  to  prevent  our  furnishing  the  French 
islands  with  provision,  than  declaring  them  to  be  in  a  state  of 
blockade,  and  seizing  the  vessels  that  attempt  to  visit  them. 

(4)  It  is  another  important  gain  to  Great   Britain  (which 
might  likewise  have   been  adverted  to  under  feature  of  recip 
rocity),  that  to  any  extent  of  tonnage  her  vessels  may  carry  on. 
the  West  India  trade  for  us,  either  to  supply  our  domestic  con 
sumption   or    European   engagements,   subject   to  no    other  or 
higher  duties  than  our  own  vessels  ;  while  our  own  vessels  are 


172  APPENDICES. 

restricted  to  a  pitiful  size,  and  circumscribed  to  a  particular 
voyage.  But  whatever  may  be  thought  of  the  benefit  of  acquir 
ing  for  America  even  this  scanty  participation  in  the  West  India 
trade,  no  one  (after  the  rejection  of  the  twelfth  article)  will  deny 
that  the  whole  measure  changes  the  relative  situation  of  the  two 
countries  avowedly  in  favor  of  Great  Britain  and  operatively 
injurious  to  France  ;  and  every  such  change  is  derogatory  to  our 
boasted  neutral  character. 

(5)  The  admission  of  Great  Britain  to  all  the  commercial  ad 
vantages  of  the  most  favored  nation,  and  the  restraints  imposed 
upon  our  legislative  independence,  as  stated  in  the  party  feature 
of  the  treaty,  are  proofs  of  predilection  and   partiality  in   the 
American  government  which  cannot  fail  to  improve  the  resources 
of  Great  Britain  and  to  impair  the  interests  as  well  as  the  at 
tachments  of  France. 

(6)  The  assent  to  the  seizure  of  all  provision  ships,  and  that, 
in  effect,  upon  any  pretext,  at  a  period  when  Great  Britain  is 
distressed  for  provisions  as  well  as  France,  and  when  the  system 
of  subduing  by  famine  has  been  adopted  by  the  former  against 
the  latter  nation,  is  clearly  changing  our  position  as  an  independ 
ent  republic  in  a  manner  detrimental  to  our  original  ally.     That 
our  merchants  will  be  paid  a  reasonable  profit  for  their  cargoes, 
etc.  may  render  the  measure  more  palatable  to  us, — even  under 
the  loss  of  the  return  cargo,  the  derangement  of  the  voyage,  and 
the  destruction  of  the  spirit  of  commercial  enterprise ;  but  that 
consideration  cannot  render  it  less  offensive  to  France.     It  may 
properly  be  here  remarked,  that  Sweden  and  Denmark  have  ob 
tained,  by  a  spirited  resistance,  an  actual  indemnification  for  the 
seizures  which  have  heretofore  taken  place,  and  an  exemption 
from  all  such  outrages  in  future ;  while  America  has  only  put 
those  which  are  past  in  a  train  of  negotiation,  and  has  given  a 
legitimate  effect  to  those  which  are  to  come.     The  order  which, 
the  English  gazettes  say,  has  recently  been  issued  for  seizing 
American  provision  ships  on  their  passage  to  France,  ought  not, 
therefore,  to  be  complained  of,  as  it  is  merely  an  exercise,  by 
anticipation,  of  the  right  granted  by  the  treaty. 

(T)  Great  Britain  has  gained  the  right  of  preventing  our 
citizens  from  being  volunteers  in  the  armies  or  ships  of  France. 
This  is  not  simply  the  grant  of  a  new  right  to  Great  Britain, 
but  is,  at  the  same  time,  a  positive  deprivation  of  a  benefit 
hitherto  enjoyed  by  France.  Neither  the  laws  of  nations,  nor 
our  municipal  constitution  and  laws,  prohibited  our  citizens  from 
going  to  another  country,  and  there,  either  for  the  sake  of  honor, 
reward,  or  instruction,  serving  in  a  foreign  navy  or  army. 
Colonel  Oswald  and  many  others  have  done  it ;  Captain  Barney 
and  many  others  are  doing  it.  But  a  proclamation  must  issue 
to  recalJ  all  such  volunteers,  and  punishment  must  follow  dis- 


FEATURES    OF  MR.  JAY'S    TREATY.         173 

obedience,  if  the  twenty-first  article  of  the  treaty  is  to  be  effect 
uated  as  the  supreme  law  of  the  land. 

(8)  Great  Britain  has  gained  a  right  to  treat  and  punish  as 
pirates  any  of  our  citizens  who  shall  accept,  even  while  they 
are  in  France,  any  commission  to  arm  a  privateer  or  letter  of 
marque.     It  is  true  that  a  similar  provision  is  contained  in  other 
treaties;  but  we  are  now  only  considering  the  alterations  which 
are   made   by   the  treaty  under  discussion  in   favor  of    Great 
Britain  and  injurious  to  France.     How  far  there  exists  a  power 
to    define   piracy,   by  treaty,  will    be   remarked    in    delineating 
another  feature  of  Mr.  Jay's  diplomatic  offspring. 

(9)  Great  Britain  has  doubly  gained,  by  obtaining  in  our 
ports  an  asylum  for  her  ships  of  war,  privateers,  prizes,  etc., 
stipulating  for  an  exclusion  of  those  of  her  enemies  other  (it 
is  admitted)  than  France.     The  twenty-fourth  and  twenty-fifth 
articles  of  the  projected  treaty  are  nearly  copied  from  the  sub 
sisting  treaty  with   France.     It  would  be  curious,  however,  to 
reflect  on  the  very  different  motives  which  must  justify  (if  the 
idea  of  justification  could,  in  the  late  instance,  be  at  all  admissi 
ble)  these   analogous  grants.      The  concession   to  France  was 
made  ivhen  we  were  at  war  and  she  was  not ;   it  was  made  upon 
a  certainty  of  reciprocal  advantage ;  and  it  was  made  as  a,  price 
for  obtaining  the  aid  of  that  gallant  nation  in  the  establishment 
of  our  independence.     The  concession  is  made  to  Great  Britain 
when  she  is  at  ivar  and  we  are  not ;  without  any  rational  pros 
pect  of  deriving  any  reciprocal  advantage  from  it;  and  under 
such  circumstances  of  injury  and  insult  as  might  have  admon 
ished  us  to  reserve  it  as  the  price  for  obtaining  aid  from  other 
nations   in   resisting  her  hostilities,  instead  of  p.aying  it  for 
smiles  without  affection,  and  promises  without  sincerity.    When 
we  were  making  treaties  with  Holland,  Prussia,  etc.,  did  we  not 
expressly  exclude  them  from  such  important,  and,  as  we  have 
already  seriously  experienced,  such  dangerous  privileges  ? 

But  it  will  be  asked,  perhaps,  what  mighty  benefit  has  Great 
Britain  gained,  in  this  case,  at  the  expense  of  France,  since  the 
prior  similar  privileges  of  France  are  exclusive?  Answer: 
That  as  the  privilege  of  Great  Britain  will  operate  against  every 
other  nation,  it  will  immediately  affect  the  French  republic's  al 
liance,  offensive  and  defensive,  with  the  United  Provinces,  which 
preceded  the  ratification,  at  least,  of  the  treaty ;  and  it  may, 
eventually,  have  the  same  pernicious  influence  in  relation  to 
Prussia,  Spain,  and  Portugal,  whose  disposition  to  change  sides, 
in  the  present  war,  has  been  unequivocally  expressed.  Thus, 
though  Holland  and  Prussia  made  treaties  with  us  long  before 
Great  Britain  would  admit  the  idea  of  a  negotiation,  and  though 
Spain  and  Portugal  are  the  only  customers  who  furnish  us  with 
the  ready  money  balance  for  the  very  purpose  of  paying  our 


174  APPENDICES. 

annual  accumulation  of  debt  to  Britain,  the  harbors  of  America 
are  open  to  their  vessels  as  prizes,  but  shut  to  them  as  friends. 
They  may  be  brought  hither  and  sold  by  their  enemies;  but  if 
they  have  captured  their  enemy,  all  but  common  necessaries 
shall  be  denied  to  them  !  The  habits,  bias,  and  opinions  of  a 
people  ought  not  to  be  altogether  disregarded  in  making  a  treaty. 
What  honest,  feeling  American  could  patiently  see  an  English 
man,  our  sunshine  ally,  bringing  into  our  ports,  as  prizes,  the 
ships  of  Holland,  our  ally  in  the  times  that  tried  men's  souls ; 
a  republic,  indissoluble  united  with  France, — that  earliest,  latest, 
best  of  friends  ?  What  honest,  feeling  American,  even  submit 
ting  to  a  scene  so  painful,  would  willingly  assist  in  expelling 
from  our  ports  the  ships  of  Holland,  which  had  merely  retal 
iated  by  the  capture  of  their  foe  ? 

3.  But  it  is  time  to  advert  to  the  cases  of  collision  between 
the  two  treaties  ;  and  these  are  of  such  a  nature  as  to  produce  a 
violation  of  the  spirit,  though  not  a  positive  violation  of  the 
words,  of  the  previous  engagements  that  subsist  between  France 
and  America, — they  are  causes  of  offence,  and  clash  in  the 
highest  degree. 

(1)  By    the   ninth    article   of  the   treaty   of    alliance  with 
France  we  guarantee  the  possessions  of  that  nation  in  America. 
It  is  true  that  our  situation  is  such  as  to  incapacitate,  and  of 
course  to  excuse  us,  from  a  direct  fulfilment  of  this  guarantee ; 
but  it  is  equally  true  that  we  violate  our  faith  whenever  we  do 
anything  that  will,  either  directly  or  indirectly,  endanger  those 
possessions.     Query  —  Whether  facilitating  the   means  of  sup 
plying  the  British  forces  in  the  West  Indies  will  not  be  the  effect 
of  the  arrangements  relative  to  the  trade  with  the  British  Islands  ? 
Query — Whether  restraining  our  intercourse  with  the  French 
islands,  as  a  consequence  of  the  treaty  already  predicated,  will 
not  expose  them  to  want,  and  of  course  to  the  necessity  of  yield 
ing  to  their  enemies  ?     Does  not  every  such  advantage  given  to 
Great  Britain  clash  with  our  engagements  to  France  ? 

(2)  By  our  treaty  with  France,  and,  indeed,  with  several  other 
nations,  it  is  expressly  stipulated  that  free  vessels  shall  make 
free  goods.     At  the  time  of  entering  into  the  stipulation,  and 
even  at  this  moment,  the  maritime  strength  of  France  (always 
superior  to  that  of  Denmark  and  Sweden,  which  has,  under  simi 
lar  circumstances,  been  successful)  could  command  the  respect  of 
the  world  for  her  engagements.     It  is  true  America  neither  was, 
nor  is,  in  a  situation  to  produce  the  same  complaisance;  and,  on 
the  ground  of  that  weakness,  France  has,  hitherto,  candidly  dis 
pensed  with   a  strict  performance   of  the  treaty.     But  though 
America  cannot  enforce,  she  ought  not  to  abandon  her  engage 
ments  ;  she  may  submit  to  imperious  necessity,  but  she  cannot 
voluntarily  bring  into  question  the  right  of  protecting,  as  a  neu- 


FEATURES   OF  MR.  JAY'S    TREATY.         175 

tral  power,  the  property  of  France ;  while  France  is  not  only 
ready  and  able  to  afford  her  property  the  stipulated  protection, 
but,  in  conformity  to  the  stipulation,  actually  allows  the  property 
of  Great  Britain  to  pass  free,  under  the  sanction  of  the  Ameri 
can  flag.  When,  therefore,  the  treaty  with  Great  Britain  agrees 
that  within  two  years  after  the  termination  of  the  existing  war 
it  shall  be  discussed,  "whether  in  any,  and  in  what  cases,  neu 
tral  vessels  shall  protect  enemies'  property," — does  it  not  clash 
with  our  previous  promise  to  France  that  free  ships  shall  make 
free  goods?  And  when  the  treaty  with  Great  Britain,  in  formal 
and  explicit  terms,  further  agrees,  "  that  in  all  cases  where  ves 
sels  shall  be  captured  or  detained,  on  suspicion  of  having  on 
board  enemies' property,  etc.,  the  part  which  belongs  to  the  enemy 
shall  be  made  prize," — is  not  this  an  evident  collision  with  our 
previous  agreement  with  France,  and  with  the  security  which 
British  property  enjoys  in  consequence  of  it  ?  While  France 
adheres  to  her  treaty,  by  permitting  British  goods  to  be  protected 
by  American  bottoms,  is  it  honest,  honorable,  or  consistent  on  our 
part  to  enter  voluntarily  into  a  compact  with  the  enemies  of 
France  for  permitting  them  to  take  French  goods  out  of  our 
vessels  ?  We  may  not  be  able  to  prevent,  but  ought  we  to  agree 
to  the  proceeding  ?  Let  the  question  be  repeated — Does  not 
such  an  express  agreement  clash  with  our  express,  as  well  as 
implied,  obligations  to  France  ? 

(3)  By  enumerating,  as  contraband  articles,  in  the  treaty  with 
Great  Britain,  certain  articles  which  are  declared  free  in  the 
treaty  with  France,  we  may,  consistently  with  the  latter,  supply 
Great  Britain ;  but,  consistently  with  the  former,  we  cannot  sup 
ply  France. 

Thus,  our  treaty  with  France  (and,  indeed,  every  treaty  which 
we  have)  expressly  declares  that,  "  in  general,  all  provisions 
which  serve  for  the  nourishment  of  mankind  and  sustenance  of 
life  ;  furthermore,  all  kinds  of  cotton,  hemp,  flax,  tar,  pitch,  ropes, 
cables,  sail  cloths,  anchors,  and  any  part  of  anchors,  also  ships, 
masts,  planks,  boards,  and  beams  of  what  trees  soever,  and  all 
other  things  proper  either  for  building  or  repairing  ships,  and  all 
other  goods  whatever,  which  have  not  been  worked  into  the  form 
of  any  instrument  for  war,  by  land  or  by  sea,  shall  not  be  reputed 
contraband." 

The  treaty  with  Great  Britain  expressly  declares,  "that  timber 
for  ship-building,  tar,  or  rosin,  copper  in  sheets,  sails,  hemp,  and 
cordage,  and  generally  whatever  may  serve  directly  to  the  equip 
ment  of  vessels, — un wrought  iron  and  fir  planks  only  excepted, — 
shall  be  objects  of  confiscation  whenever  they  are  attempted  to  be 
carried  to  an  enemy." 

Whether  this  stipulation  can  be  considered  as  founded  on  a 
principle  of  reciprocity,  since  the  articles  declared  to  be  contra 
band  are  among  our  principal  exports,  but  among  the  principal 


176  APPENDICES. 

imports  of  Great  Britain,  might  have  been  adverted  to  in  tracing 
a  former  feature  of  the  treaty;  but  let  it  be  now  candidly  an 
swered,  whether  it  is  not  in  collision  with  our  previous  engage 
ments  with  France  ?  The  right  to  make  such  a  stipulation  is 
not,  at  present,  controverted  ;  but  only  the  assertion  that  exer 
cising  the  right  does  not  clash  in  any  degree  with  the  terms  and 
spirit  of  the  French  treaty.  France  exempts  those  important 
materials  of  our  commerce  from  confiscation  in  favor  of  all  the 
world;  Great  Britain  condemns  them  to  confiscation  whenever 
they  shall  be  carried  to  her  enemies ;  and  the  compact  is  made 
while  France  is  one  of  her  enemies ! 

YI.  The  treaty  with  Great  Britain  is  calculated  to  injure  the 
United  States  in  the  friendship  and  favor  of  other  foreign  na 
tions. 

1.  That  the  friendship  and  favor  of  France  will  be  affected  by 
the  formation  of  so  heterogeneous  an  alliance  with  her  most  im 
placable  enemy  cannot  be  doubted,  if  we  reason  upon  any  scale 
applicable  to  the  policy  of  nations  or  the  passions  of  man.  From 
that  republic,  therefore,  if  not  an  explicit  renunciation  of  all  con 
nection  with  the  United  States,  we  may  at  least  expect  an 
alteration  of  conduct ;  and,  finding  the  success  which  has  flowed 
from  the  hostile  treatment  that  Great  Britain  has  shown  towards 
us,  she  may  be  at  length  tempted  to  endeavor  at  extorting  from 
fear  what  she  has  not  been  able  to  obtain  from  affection.  She 
will  probably  declare  Great  Britain  in  a  state  of  blockade,  for 
the  purpose  of  seizing  our  vessels  in  Europe;  and  she  may  in 
stitute  courts  for  "legal  adjudication,"  in  order  to  confiscate  our 
vessels  in  the  West  Indies.  Great  Britain  will  then  chuckle  at 
the  scene.  No  one  can  doubt  that  our  embarrassments  will 
gratify  not  only  the  avowed  objects,  but  the  latent  resentments 
of  that  nation.  Even  if  she  could  obliterate  the  memory  of  our 
Revolution,  she  cannot,  with  pleasure,  behold  the  successful  ex 
periment  of  a  republican  system  of  government,  nor  the  rapid 
advances  of  a  commercial  competitor.  The  moment  she  has 
produced  a  quarrel  between  America  and  France  she  may  ex 
claim,  "  Delenda  est  Carthago!"  America  is  again  a  colony! 
How  different  were  the  interests  and  dispositions  of  our  tried 
friend !  That  our  government  should  preserve  its  purity  and 
independence — that  our  commerce  and  agriculture  should  attain 
their  zenith — were  views  once  congenial  with  the  policy  and 
affections  of  the  French  nation;  heart,  head,  and  hand  she  would 
have  joined  in  promoting  them  against  the  arts  and  enmities  of 
all  the  rest  of  the  world  !  What  a  change,  then,  have  we  made  I 

"  Look  on  this  picture,  and  on  that : 
The  counterfeit  presentment  of  two  allies  ! 
Who  would  on  this  fair  mountain  leave  to  feed, 
To  batten  on  that  moor!" 


FEATURES   OF  ME.  JATB    TREATY.         177 

2.  During  the  war  we,  likewise,  formed  a  seasonable  and  ser 
viceable  treaty  with  the  United  Netherlands ;  and  shortly  after 
the  War  treaties  were  established  with  Sweden,  Prussia,  etc.     But 
in  order  to  avoid  even  the  appearance  of  clashing  or  collision 
with  the  French  treaty,  the  powers  thus  early  in  courting  our 
alliance  were  not  allowed  those  privileges  of  asylum  for  them 
selves,  and  of  excluding  their  enemies  from  our  ports,  which  are 
conceded  in  the  projected  treaty  to  Great  Britain.     Have  those 
nations  no  cause  for  jealousy  and  reproach  ?     What  principle  of 
policy  or  justice  can  vindicate  the  partiality  and  predilection  that 
has  been  thus  shown  ? 

3.  But  the  projected  treaty  (after  an  affected  recognition  of  pre 
existing  public  treaties)  declares  that  while  Great  Britain  and 
America  continue  in   amity,  no  future  treaty  shall  be  made  in 
consistent  with  the  articles  that  grant  the  high  and  dangerous 
privileges  that  have  been  mentioned.     Every  nation  of  the  earth 
(except  France)  is  thus  sacrificed  to  the  pride  and  interest  of 
Great  Britain.     And  with  what  motive,  or  upon  what  consider 
ation,  is  the  sacrifice  made  ?     It  has  been  stated  in  a  former,  and 
will  be  more  fully  shown  in  a  future,  feature  of  Mr.  Jay's  treaty, 
that  the  United  States  do  not  enjoy  any  equivalent  for  this,  nor 
for  any  other,  concession,  which  is  made  to  Great  Britain.     But 
the  mischief  does  not  end  with  the  folly  of  a  lopsided  bargain. 
By  granting  these  exclusive  privileges  to  Great  Britain,  by  de 
claring  that  no   commercial  favor  shall  be  conferred  on  other 
nations  without  her  participating  in  them,  we  have  thrown  away 
the  surest  means  of  purchasing,  on  any  emergency,  the  good  will 
and  good  offices  of  any  other  power.     We  cannot  even  improve 
the  terms  of  our  old  treaty  with  France.     For  all  the  advantages 
of  trade  that  Spain,  Portugal,  Holland,  etc.  might,  and  probably 
would,  upon  a  liberal  footing  of  reciprocity,  have  given  us, — what 
have  we  now  left  to  offer  as  the  basis  of  negotiation  and  com 
pact? 

4.  The  alteration  which  the  treaty  makes  in  the  relative  situa 
tion  of  several  nations  with  America,  and  the  conduct  that  is 
likely  to  be  pursued  by  those  nations,  in  order  to  counteract  its 
effect,  merit  serious  reflection.     Will  Spain  see,  without  some 
solicitude,  the  partition  which  we  have  made  with  Great  Britain 
of  our  territory  on  the  eastern  bank  of  the  Mississippi  ?     How 
would  our  projected  treaty  work  if  France  should  recover  Pon- 
dicherry,  etc.,  in  the  East  Indies,  should  subdue  and  retain  the 
West  India  Islands,  should  stipulate  with  Spain  for  the  cession 
of  Louisiana,  and  should  conquer  Nova  Scotia  ?     The  curious 
cordon  with  which  we  have  allowed  Great  Britain  to  circum 
vent  us  (and  of  which  more  will  be  said  hereafter)  being  thus 
broken,  how  are  we  to  calculate  the  consequences  ? 

5.  Considering  the  Indians  as  a  foreign   nation,  is  not  the 


178  APPENDICES. 

treaty  calculated  to  exalt  the  character  of  Great  Britain,  and  to 
depreciate  the  character  of  America,  throughout  the  savage 
world  ?  What  right  has  Great  Britain  to  negotiate  for  Indians 
within  the  limits  of  our  jurisdiction?  Suppose  the  existing 
western  posts  surrendered,  may  not  Great  Britain  establish  other 
posts  in  a  contiguous  or  more  advantageous  station  ?  Is  she 
not  left  at  liberty  to  pursue  the  fur  trade  in  our  territory  as  well 
as  her  own  ?  Will  not  her  enterprise  in  traffic,  superior  capital, 
and  experience  enable  her  to  monopolize  that  trade?  And  will 
she  not  in  future  have  the  same  motives  and  the  same  means  to 
foment  Indian  hostilities,  that  have  hitherto  been  indulged  and  em 
ployed  at  the  expense  of  so  much  American  blood  and  treasure  ? 

YII.  The  treaty  with  Great  Britain  is  impolitic  and  per 
nicious  in  respect  to  the  domestic  interests  and  happiness  of  the 
United  States. 

I.  If  it  is  true,  and  incontrovertibly  it  is  true,  that  the  interest 
and  happiness  of  America  consist,  as  our  patriotic  President,  in 
his  letter  to  Lord  Buchan,  declares,  "  in  being  little  heard  of  in 
the  great  world  of  politics ;  in  having  nothing  to  do  in  the  po 
litical  intrigues  or  the  squabbles  of  European  nations ;  but,  on 
the  contrary,  in  exchanging  commodities,  and  living  in  peace 
and  amity  with  all  the  inhabitants  of  the  earth,  and  in  doing 
justice  to  and  in  receiving  it  from  every  power  we  are  con 
nected  with  ;"  it  is  likewise  manifest  that  all  the  wisdom  and 
energy  of  those  who  administer  our  government  should  be  con 
stantly  and  sedulously  employed  to  preserve  or  to  attain  for  the 
United  States  that  enviable  rank  among  nations.  To  refrain 
from  forming  hasty  and  unequal  alliances,  to  let  commerce 
flow  in  its  own  natural  channels,  to  afford  every  man,  whether 
alien  or  citizen,  a  remedy  for  every  wrong,  and  to  resist,  on  the 
first  appearance,  every  violation  of  our  national  rights  and  inde 
pendence,  are  the  means  best  adapted  to  the  end  which  we  con 
template.  It  may  be  objected  that  we  are  already  involved  in 
some  alliances  that  have  had  a  tendency  rather  to  destroy  our 
public  tranquillity  than  to  promote  our  public  interest.  But  a 
difference  of  circumstances  will  require  and  justify  a  difference 
of  conduct.  For  instance,  it  was  necessary  and  politic,  in  the 
state  of  our  affairs  at  the  commencement  of  the  Revolution,  to 
pay  a  premium  for  the  friendship  and  alliance  of  France;  we 
could  not  have  insured  success  without  the  co-operation  of  that 
nation  ;  and,  as  the  price  that  we  paid  for  it  was  not  greater  than 
the  benefit  that  we  derived  from  it,  we  cannot  now  with  justice 
cavil  at  our  bargain.  But  was  the  inducement  to  form  an  alliance 
with  Great  Britain  of  a  nature  equally  momentous  ?  Is  the  ad 
vantage  flowing  from  the  sacrifices  that  are  made  equally  com 
pensatory?  Why  should  we,  at  this  auspicious  season  of  our 


FEATURES    OF  MB.  JAY'S    TEEATY.         179 

affairs,  venture  to  undermine  the  fundamental  maxim  of  our  do 
mestic  happiness  by  wilfully  obtruding  on  the  great  world  of 
politics,  or  wantonly  involving  ourselves  in  the  political  intrigues 
and  the  squabbles  of  European  nations  ?  Suppose,  as  it  is  often 
alleged  and  sometimes  proved,  that  our  treaty  with  France  is 
productive  of  inconveniences,  will  it  happen  in  the  political  any 
more  than  in  the  physical  or  moral  world  that,  by  multiplying 
the  sources  of  evil,  we  shall  get  rid  of  the  evil  itself?  If,  accord 
ing  to  the  quondam  opinion  of  the  friends  of  a  British  alliance, 
our  commerce  has  been  restrained  in  its  operations,  or  if  our 
government  has  been  menaced  in  its  peace  and  stability  by  a 
practical  development  of  the  terms  of  our  treaty  with  France, 
shall  we  better  our  situation  because  we  make  another  treaty 
upon  the  same  terms  with  Great  Britain,  and  furnish  two  nations 
instead  of  one  with  an  opportunity  to  perplex  and  distress  us  in 
pursuing  our  natural  and  laudable  policy — the  policy  of  ex 
changing  commodities  and  living  in  peace  and  amity  with  all 
the  inhabitants  of  the  earth,  doing  justice  to  and  in  receiving 
it  from  every  power 'we  are  connected  with? 

2.  But  even  if  the  question  was  at  large,  and  we  were  now 
under  a  necessity  of  deciding,  for  the  first  time,  whether  we 
would  be  allied  to  the  monarchy  of  Great  Britain  or  to  the  re 
public  of  France,  how  would  a  rational  estimate  of  the  interests 
and  happiness  of  the  United  States  (the  true  and  only  touch 
stone  for  solving,  in  the  mind  of  an  American,  such  an  inquiry) 
lead  us  to  decide  ?  To  those  members  of  the  Senate  who  could 
regard  the  twelfth  article  of  the  treaty  as  a  mark  of  parental 
care  and  wisdom,  by  which  Great  Britain  was  fondly  desirous 
of  restraining  the  excesses  of  our  commercial  ardor ;  excesses 
that  might  eventually  and  prematurely  debilitate  and  destroy  us  ! 
to  those  members  of  the  Senate  who  could,  with  filial  gratitude, 
declare  that  an  alliance  with  Great  Britain  was  natural ;  that 
an  alliance  with  France  was  artificial ;  since,  although  we  were 
partially  indebted  to  France  for  our  independence,  we  were  en 
tirely  indebted  to  Great  Britain  for  our  being  ! — to  all  who  can 
cherish  such  ideas,  or  utter  such  language,  these  strictures  will  be 
ungracious  and  unprofitable ;  but  they  claim  a  candid  attention 
from  the  patriot,  who  remembers  that  when  the  parent  sought  to 
destroy,  the  friend  interposed  to  save;  and  from  the  statesman, 
who  possesses  too  much  wisdom  to  be  influenced  by  prejudice, 
and  too  much  fortitude  to  be  controlled  by  fear. 

Are  the  interests  and  happiness  of  the  United  States  involved 
in  the  permanent  establishment  of  a  republican  government  ? 
Yes.  Then  she  ought  rather  to  cultivate  the  friendship  of  a  re 
public,  actuated  by  a  fellow-feeling,  than  the  alliance  of  a  mon 
archy  impressed  with  jealousy  and  apprehension.  Are  the 
interests  and  happiness  of  the  United  States  connected  with  her 


180  APPENDICES. 

territorial  and  political  independence  ?  Yes.  Then  she  ought 
rather  to  fortify  herself  by  an  alliance  with  a  nation  whose 
territorial  jurisdiction  and  physical  characteristics  preclude  the 
possibility  of  collision,  than  attach  herself  to  a  nation  whose 
language,  manners,  and  habits  facilitate  the  execution  of  every 
attempt  to  encroach,  and  whose  territorial  possessions  are  in  an 
irritating  and  dangerous  contact  with  our  own.  Are  the  interest 
and  happiness  of  America  to  be  promoted  by  an  active  employ 
ment  of  the  vast  store  of  materials  of  the  first  necessity  which 
nature  has  bestowed  on  her,  by  the  extension  of  her  commerce, 
and  by  the  freedom  of  her  navigation  ?  Yes.  Then  she  ought 
rather  to  court  the  countenance  and  protection  of  a  nation  whose 
occasions  of  envy  are  comparatively  few  ;  whose  temptations 
are  to  foster,  not  to  counteract,  our  schemes  of  commercial  opu 
lence  and  enterprise ;  and  whose  imperial  glory  and  existence 
do  not  depend  upon  a  claim  of  universal  maritime  superiority ; 
rather  than  consent  to  bask  beneath  the  baneful  shade  of  an 
alliance  with  a  nation  whose  very  existence  is,  probably,  the 
tremendous  stake  in  opposition  to  our  prosperity ;  and  whose 
embraces,  like  the  embraces  of  the  tyrant's  image,  may  be  ren 
dered  the  most  effectual  instruments  of  torture  and  destruction. 
Are  the  interest  and  happiness  of  the  United  States  dependent 
on  the  cordiality  of  their  union  and  the  permanency  of  their 
government  ?  And  again — Do  that  cordiality  and  that  perma 
nency  depend  upon  the  confidence  and  mutual  good  understand 
ing  which  subsist  between  the  people  who  formed  the  government 
and  the  officers  whom  the  people  have  appointed  to"  administer 
it  ?  Yes.  Then  it  would  be  the  part  of  duty,  as  well  as  policy, 
in  those  officers  to  follow  the  unanimous  sentiment  of  the  people, 
by  preferring  a  liberal  and  faithful  alliance  with  France  to  a  con 
strained  and  hypocritical  alliance  with  Great  Britain. 

3.  The  first  striking  effect  of  the  treaty  to  endanger  the  inte 
rests  and  disturb  the  happiness  of  the  United  States  may  be 
detected  by  a  geographical  sketch  of  the  cordon,  or  line  of  cir- 
cumvallation,  with  which  it  enables  Great  Britain  to  fetter  and 
inclose  us.  The  proximity  of  Canada  and  the  western  posts 
has  heretofore  been  a  cause  of  great  uneasiness  ;  but  that  is  a 
trifling  source  of  vexation  compared  with  what  we  shall  have  in 
future  to  encounter.  Suppose  ten  thousand  radii  were  drawn 
diverging  from  the  centre  of  the  United  States ;  not  one  of  them 
could  escape  the  conventional  circle  of  British  territory,  jurisdic 
tion,  and  occupancy.  Has  an  American  occasion  to  travel  to  the 
east  or  the  north,  the  barriers  of  Nova  Scotia  and  Canada  pre 
sent  themselves.  Is  it  his  wish  to  penetrate  the  great  western  wil 
derness,  a  new  set  of  British  posts  will  intercept  his  progress, 
even  if  he  shall  be  allowed  peaceably  to  pass  the  British  colony 
within  the  precincts  and  jurisdiction  of  Detroit.  Does  business 


FEATURES    OF  ME.  JAY'S    TREATY.         181 

require  him  to  cross,  or  float  down,  the  Mississippi,  he  may 
evade  the  vigilance  of  the  Spaniard,  but  he  will  find  the  eastern 
bank  of  the  river  monopolized  by  British  traders,  and  probably 
protected  by  British  gunboats.  He  is  in  hopes,  however,  to  avoid 
all  difficulty  by  a  passage  on  the  ocean.  Alas  !  our  Atlantic 
harbors  are  crowded  with  prizes  to  British  privateers,  and  our 
seacoast  is  lined  with  British  cruisers  !  Yet  let  us  for  a  moment 
imagine  that  this  ill-fated  traveller  has  surmounted  his  domestic 
obstacles,  whither  can  he  fly  to  be  emancipated  from  the  foreign 
jurisdiction  of  Great  Britain  ?  In  the  West  Indies,  his  cock-boat 
is  measured  and  steered  according  to  the  scale  and  course  pre 
scribed  by  the  treaty.  In  the  East  Indies,  he  can  hardly  exchange 
a  commodity,  or  make  a  single  acquaintance,  without  the  British 
license.  In  Europe,  if,  during  a  British  war,  he  carries  goods 
belonging  to  an  enemy  of  Great  Britain,  they  will  be  seized  as 
prize ;  if  he  takes  ship-timber,  tar,  rosin,  etc.,  they  are  liable  to 
be  confiscated  as  contraband  ;  and  if  his  cargo  consists  of  pro 
visions,  the  British  may  take  it,  by  treaty,  at  their  own  market 
price  ! 

One  idea  more  about  the  boundary  of  the  United  States. 
Before  the  Revolution,  Great  Britain  had  projected  that  general 
arrangement  and  division  of  her  colonial  possessions  in  America 
which  she  has  since,  upon  a  smaller  scale,  carried  into  execution 
with  respect  to  Canada.  The  territory  then  intended  to  be 
allotted  to  the  government  of  the  Canadas  was  extended  by  a 
line  running  along  the  northern  boundaries  of  the  eastern  colonies, 
along  the  western  boundary  of  Pennsylvania,  and  along  the 
courses  of  the  Ohio,  into  the  Mississippi.  Since  we  are  left  at  a 
loss  for  a  positive  definition  of  the  precincts  and  jurisdiction  of 
the  western  posts  as  ceded  by  the  treaty  to  the  settlers  under 
British  titles,  may  we  not  conjecture  that  Great  Britain  contem 
plates  the  territorial  extent  of  her  original  project  ?  Does  not 
Major  Campbell's  unexpected  pretension,  and  the  constant  claim 
of  the  Indians,  at  the  instigation  of  the  British,  to  establish  the 
Ohio  as  a  boundary  between  them  and  the  United  States,  give 
some  countenance  to  such  a  conjecture  ? 

4.  But  should  an  American,  not  stimulated  by  the  desire  of 
travelling  into  foreign  countries,  be  content  to  prosecute  the 
objects  of  his  honest  industry  within  the  British  territorial  circle 
bounding  and  constituting  his  own  home,  will  his  condition  be 
much  better  than  the  condition  of  his  itinerant  fellow-citizen? 
What  with  the  establishment  of  British  colonies  and  British  ware 
houses,  the  naturalization  of  British  landholders,  and,  in  short, 
the  unqualified  admission  of  Englishmen,  owing  allegiance  to 
the  British  crown,  throughout  our  lakes,  rivers,  and  territory, 
while  we  are  excluded  from  their  seaports,  company-lands,  etc., 
an  American  will  hardly  be  able  to  find  elbow-room  for  himself 


182  APPENDICES. 

and  family.  Their  pecuniary  capital  being  larger ;  their  means 
being  easier  ;  their  experience  being  greater, — they  must,  inevi- 
tabty,  under  such  circumstances,  become  our  merchants,  manu 
facturers,  farmers,  etc.  etc.  They  will  import  for  us,  in  their 
vessels,  all  the  products  and  fabrics  of  Europe,  Asia,  and  Africa. 
They  will  export  for  us,  in  their  vessels,  every  article  that  our 
soil  can  furnish  ;  our  merchants  will  dwindle  into  clerks  ;  our 
husbandmen  will  degenerate  into  the  condition  of  the  feudal 
villienage;  and  thus,  in  a  short  course  of  years,  America  will 
probably  exhibit  the  astonishing  spectacle  of  a,  country  possessed, 
cultivated,  and  enjoyed  by  aliens!  The  ancient  inhabitants  of 
Great  Britain,  in  a  similar  manner,  invited  those  Saxons  to  their 
island  as  friends  and  allies  who  soon  afterwards  became  their 
conquerors  and  masters. 

5.  In  such  a  state  of  things  the  interest  and  happiness  of  the 
United  States  must  languish  and  expire  I     At  first  the  American 
mind  will  be  corroded,  by  contrasting  the  elevation  of  the  guest 
with  the  depression  of  the  host.     A  struggle  will  probably  ensue ; 
but  the  influence  of  wealth,  and  the  patronage  of  extensive  com 
mercial  and  manufactural  institutions,  etc.  will  even  divide  the 
Americans  themselves ;  and,  by  dividing,  capacitate  the  British 
settlers  to  rule  them.     Is  this   an   idle   phantom,  a   visionary 
suggestion  ?     No  !     For,  is  not  a  great  part  of  our  trade,  at  this 
moment,  monopolized  by  British   subjects,  under  the  mask  of 
American  citizenship?     Has  not  the  influence  of  British  credits 
and  British  politics  already  formed  a  considerable  party  in  our 
government  and   among  our  merchants?     Disguise   it  as  you 
will, — let  pride  deny  and  shame  suppress  the  sentiment, — still,  it 
is  too  evident  to  every  candid  and  discerning  observer,  that  the 
only  subsisting  difference  in  the  opinions  and  conduct  of  the 
citizens  of  America  arises  from  this  fatal  cause.     Why,  at  the 
moment  of  reprobating  self-created  societies  for  civil  purposes, 
do  we  gladly  see  the  formation  of  self-created  societies  for  mili 
tary  purposes, — the  city  cohorts  and  Pra3torian  bands  ?     Why 
are  our  merchants,  who  so  anxiously  called  forth  the  voice  of  their 
fellow-citizens  in  applauding  the  proclamation  of  neutrality,  so 
circumspect  and  so  torpid  in  giving  their  testimony  about  the 
treaty  ?     How  comes  it  that  amidst  the  acclamations  of  the  4th 
of  July  the  treaty  is  toasted  in  the  little  circle  of  English  manu 
facturers  on  the  banks  of  the  Passaic,  and  at  the  convivial  tables 
of  the  English  emigrants  on  the  plains  of  the  Genesee  ?     How 
comes  it  that  every  man  who  prefers  France  to  Great  Britain — 
republicanism    to    monarchy — is    denominated    anti- Federalist, 
Jacobin,  Disorganize!',  Miscreant,  etc.,  while  men  of  another  hu 
mor  arrogantly  and  exclusively  assume  the  titles  of  Federalists, 
Friends  to  Order,  etc.  etc.  ?     But  let  every  honest  American 
reflect  seriously  and  seasonably  upon  the  means  of  promoting  the 


FEATUBES    OF  MR.  JAY'S    TREATY.         183 

interest  and  happiness  of  the  United  States,  and  he  will  disdain, 
as  well  as  dread,  to  augment,  by  the  adventitious  force  of  treaties, 
that  paramount  interest  which  Great  Britain  has  already  insidi 
ously  acquired  in  our  commerce,  navigation,  manufactures,  terri 
tory,  and  government. 

6.  Besides  the  injury  eventually  to  be  apprehended  from  these 
causes,  the  treaty  is  calculated  to  impair  the  interest  and  happi 
ness  of  the  United  States  by  producing  an  immediate  and  vio 
lent  concussion  in  the  federal  atmosphere.  For, 

It  ransacks  the  archives  of  our  revolutionary  transactions,  and 
rejudges  the  solemn  judgments  of  our  courts  of  justice. 

It  condemns  individuals  to  the  payment  of  debts  from  which 
they  had  previously  been  discharged  by  law. 

ft  makes  the  government  of  the  Union  responsible  for  the  con 
tracts  of  private  citizens  and  the  defalcations  of  bankrupts. 

It  disregards  the  freedom  of  our  commerce  and  navigation, 
and  it  restrains  the  use  of  our  staple  commodities. 

It  does  not  exact  a  just  indemnification  for  the  detention  of  the 
western  posts. 

It  does  not  require  the  payment,  stipulated  by  the  preceding 
treaty,  for  the  value  of  the  negroes  carried  off  at  the  close  of  the 
war. 

It  does  not  provide  for  the  freedom  and  safety  of  our  seamen 
in  their  intercourse  with  the  British  dominions. 

Let  any  one  of  these  propositions  be  separately  analyzed,  and 
sufficient  cause  will  be  found  to  excite  arid  justify  popular  dissat 
isfaction  ;  but  view  them  combined,  and  the  mind  is  shocked  with 
an  apprehension  that  the  ratification  of  the  treaty  may  be  the 
death-warrant  of  the  Union  ! 

VIII.  The  British  treaty  and  the  Constitution  of  the  United 
States  are  at  war  with  each  oilier. 

1.  Self-preservation  is  the  first  law  of  society  as  well  as  of 
individuals;  it  is  the  radical  principle  of  all  political  compacts. 
Nations,  says  Vattel,  are  bound  to  guard  their  own  preserva 
tion  and  to  pursue  their  own  perfection.     We  have  incessant 
opportunities,  indeed,  of  observing  the  operation  of  this  universal 
rule — in  animals  of  instinct  as  well  as  in  animals  of  reason;  in 
the  world  of  things  as  well  as  in  the  world  of  beings. 

2.  Self-preservation,  however,  is  a  relative  idea ;  it  relates  to 
the  nature  of  the  animal — to  the  constitution  of  the  society.     A 
man  may  lose  his  human  character  without  destroying  his  vital 
existence;   and  a  government  may  be  changed  in  its  essence 
without  being  subverted  in  its  forms. 

3.  So  likewise,  without  open  assault  or  positive  violence,  the 
sources  of  animal  life  may  be  poisoned  by  the  imperceptible  con 
taminations  of  a  luxurious  habit ;  so,  without  the  aid  of  terror 


184  APPENDICES. 

or  force,  the  legitimate  foundations  of  government  may  be  under 
mined  by  the  insidious  encroachment  of  the  rulers,  and  by  the 
sedative  acquiescence  of  the  people.  Governments,  indeed,  have 
too  generally  proved  to  be  a  kind  of  political  chrysalis,  passing, 
by  progressive  transmutations,  from  the  grub  of  pure  democracy 
to  the  butterfly  of  absolute  monarchy. 

4.  But  it  will  not  yet  be  denied  in  America  that,  as  the  people 
have   the   sole   right  to   constitute   their   government,   the  rule 
of  self-preservation  requires  that  the  government  should  be 
maintained  in  practice  as  well  as  in  theory,  such  as  they  have 
constituted  it.     To  render  it,  by  any  construction  of  the  written 
articles  of  our  social  compact,  other  than  a  republican  govern 
ment,  would  be  as  fatal  a  subversion  as  daring  usurpation  or 
military  conquest  could  achieve.     For  what  real  difference  does 
it  make  to  a  nation  whether  its  constitution  is  seized  upon  by  an 
enterprising  individual,  as  in  the  Swedish  revolution  of  1770,  or 
overthrown  by  a  triumphant  warrior,  as  in  the  recent  extinction 
of  the  Polish  monarchy,  or  voted  out  of  doors,  as  in  the  disorgan 
izing  edicts  of  the  Long  Parliament  of  England  ?     Thus,  like 
wise,  for  one  department  of  the  government  to  assume  the  au 
thority  of  another,  or,  by  constructive  amplifications  of  its  own 
jurisdiction,  so  to  monopolize  the  attributes  of  government  as  to 
render  the  other  departments  useless  and  inefficient,  must  ever 
be  deemed  an  effectual   subversion   of   any  constitution.     The 
mode  of  distributing  and  organizing  the  powers  of  government, 
as  well  as  the  consideration  of  the  nature   and  extent  of   the 
powers  to  be  delegated,  essentially  belongs  to  the  people  ;  and, 
in  the  body  politic  as  well  as  in  the  body  natural,  whenever  any 
particular  member  absorbs  more  than  its  allotted  portion  of  the 
aliment  that  is  destined  to  vivify  and  invigorate  the  whole,  de 
bility  and  disease  will  infallibly  ensue.     After  the  emperors  had 
usurped  the  functions,  privileges,  and  powers  of  the  Senate,  and 
of  the  popular  magistrates  of  Rome,  they  preserved  the  formali 
ties  of  the  commonwealth,  but  they  trampled  on  the  liberties  of 
the  people.     Though  the  parliaments  of  France  had  long  been 
deprived  of  every  deliberative  faculty  as  the  representatives  of 
the  people,  they  were  summoned  to   the  last  as  the  ministerial 
officers  of  the  monarch  for  the  purpose  of  registering  his  edicts. 

5.  The  government  of  the  United  States  being,  then,  theoreti 
cally  a  republican  government,  and  with  great  propriety  denomi 
nated  a  government  of  departments,  let  us  proceed  to  examine  how 
far  the  principles  of  self -preservation,  and  the  duty  of  pursuing 
the  perfection  of  our  political  system,  are  involved  in  the  ratifi 
cation  of  the  projected  treaty  with  Great  Britain. 

The  second  section  of  the  second  article  of  the  constitution 
says  that  "the  President  shall  have  power,  by  and  with  the 


FEATURES    OF  ME.  JAY'S    TREATY.         185 

advice  and  consent  of  the  Senate,  to  make  treaties,  provided  two- 
thirds  of  the  senators  present  concur." 

To  the  exercise  of  this  power  no  immediate  qualification  or 
restriction  is  attached ;  but  must  we,  therefore,  suppose  that  the 
jurisdiction  of  the  President  and  Senate,  like  the  jurisdiction 
ascribed  to  the  British  Parliament,  is  omnipotent  ?  To  place  the 
authority  of  our  President  and  Senate  on  the  same  footing  with 
the  prerogative  of  the  king  of  Great  Britain  will  not  be  com 
mensurate  with  the  objects  to  which  the  treaty  extends.  It  must 
be  remembered  that  the  treaty  of  peace,  by  which  the  rights  of 
sovereignty  and  soil  were  ceded  by  the  king  of  Great  Britain  to 
the  United  States,  was  negotiated  and  ratified  under  the  positive 
sanction  of  an  act  of  Parliament;  and  it  is  expressly  stated  in 
Vattel  that  the  king  of  Great  Britain  cannot,  by  treaty,  confer 
the  rights  of  citizenship  on  an  alien.  (B.  i.  c.  19,  f.  214.)  Now, 
Mr.  Jay's  treaty  does  both  these  things  (as  will  be  hereafter  de 
monstrated)  without  the  intervention  of  the  legislative  authority 
of  the  Union. 

6.  The  consequence  of  admitting  this  unqualified  claim  to  om 
nipotence,  in  transacting  the  business  of  the  nation,  would  be  so 
hostile  to  the  principle  and  preservation  of  our  government  that 
it  is  an  indispensable  duty  (obsta  principiis}  to  controvert  and 
resist  it.     Whenever  the  President  and  two-thirds  of  the  Senate 
shall  be  desirous  to  counteract  the  conduct  of  the  House  of  Re 
presentatives  ;  whenever  they  may  wish  to  enforce  a  particular 
point  of  legislation;  or  whenever  they  shall  be  disposed  to  cir 
cumscribe  the  power  of  a  succeeding  Congress, — a  treaty  with  a 
foreign  nation,  nay,  a  talk  with  a  savage  tribe,  affords  the  ready 
and  effectual  instrument  for  accomplishing  their  views  ;  since  the 
treaty  or  the  talk  will  constitute  the  supreme  law  of  the  land. 
That  such  things  may  happen,  let  the  history  of  Mr.  Jay's  mis 
sion  and  negotiation  testify. 

7.  If  the  extraordinary  treaty-making  power  is  paramount  to 
the  ordinary  legislative  power,  —  supersedes  its  exercise, — and 
embraces  all  its  objects,  let  us  endeavor  to  trace  whither  the  pro 
position  will  carry  us. 

The  fifth  article  of  the  constitution  vests  a  power  in  two-thirds 
of  both  houses  of  Congress  to  propose  amendments  to  the  con 
stitution. 

Let  us  suppose  that  a  defect  in  our  judiciary,  or  in  any  other 
department,  operated  injuriously  to  a  foreign  nation, — could  the 
Senate  and  President,  uniting  with  that  foreign  nation,  and  ex 
cluding  the  House  of  Representatives,  propose  an  amendment 
upon  the  subject  ?  If  they  could  by  these  means  originate, 
might  they  not  by  other  means  effectuate,  alterations  in  the 
fundamental  points  of  our  government,  and  make,  in  fact,  a  new 
constitution  for  us  ? 

13 


186  APPENDICES. 

By  the  eighth  section  of  the  first  article,  Congress  is  empow 
ered  to  borrow  money  on  the  credit  of  the  United  States. 

Suppose  it  was  deemed  expedient  to  subsidize  Portugal,  in 
stead  of  building  frigates,  to  keep  the  Algerines  within  the  straits 
of  the  Mediterranean, — could  two-thirds  of  the  Senate  and  the 
President  either  borrow,  or  guarantee,  a  loan  for  that  purpose 
by  treaty  ? 

The  same  section  empowers  Congress  to  establish  uniform  laws 
on  the  subject  of  bankruptcies. 

Suppose  Great  Britain  had  remarked  that,  as  her  subjects  were 
constantly  the  creditors  of  the  citizens  of  the  United  States,  she 
was  deeply  interested  in  our  system  of  bankrupt  laws, — had  the 
President  and  two-thirds  of  the  Senate  a  right  to  incorporate 
such  a  system  with  the  projected  treaty  ? 

The  same  section  empowers  Congress  to  coin  money,  to  regu 
late  the  value  thereof,  and  of  foreign  coin,  and  fix  the  standards 
of  weights  and  measures. 

Suppose  the  Birmingham  manufacturers  offered,  on  a  cheap 
plan,  to  supply  us  with  coin ;  suppose  Great  Britain  were 
pleased  to  insist  upon  our  receiving  her  guineas  at  their  English 
value,  and  upon  our  promising  not  to  sweat,  deface,  or  clip  them, 
according  to  the  current  practice  of  the  Union ;  suppose  France 
were  desirous  that  we  should  adopt  the  fanciful  project  of  that 
republic  respecting  weights  and  measures; — could  all,  or  any,  of 
these  propositions  be  acceded  to  and  established  by  treaty  ? 

The  ninth  section  of  the  same  article  declares  "  that  the  mi 
gration  or  importation  of  such  persons  as  the  States  now  existing 
shall  think  proper  to  admit,  shall  not  be  prohibited  by  the  Con 
gress  prior  to  the  year  eighteen  hundred  and  eight." 

Suppose  Mr.  Wilberforce  had  negotiated  on  the  part  of  Great 
Britain,  instead  of  Lord  Grenville,  and  had  made  the  prohibition 
of  the  importation  of  slaves  into  the  United  States,  in  the  year 
eighteen  hundred  and  eight,  sine  qua  non, — could  the  President 
and  two-thirds  of  the  Senate  admit  and  legitimize  the  stipulation 
by  treaty  ? 

By  the  constitution,  Congress  has  the  power  to  constitute  tri 
bunals  inferior  to  the  supreme  court. 

Suppose  Great  Britain  desired,  for  the  future,  as  well  as  for 
the  past,  to  establish  a  tribunal  of  her  own  judges  in  America, 
for  deciding  controversies  between  British  subjects  and  American 
citizens, — could  this  be  accomplished  through  the  medium  of  a 
treaty  ? 

By  the  constitution,  Congress  is  endowed  with  the  power  of 
declaring  war. 

Suppose  Lord  Grenville  had  insisted,  and  Mr.  Jay  had  ap 
proved,  that  the  treaty  should  be  an  offensive  and  defensive  alli 
ance,  and  that  we  should  forthwith  join  Great  Britain  in  her 


FEATURES   OF  MR.  JAY'S    TREATY.         187 

hostilities  against  France, — could  the  President  and  Senate  thus 
negotiate  us  into  a  war  ? 

By  the  constitution  it  is  declared  "that  no  person  holding 
any  office,  etc.  under  the  United  States  shall,  without  the  con 
sent  of  Congress,  accept  of  any  present,  emolument,  office,  or 
title,  of  any  kind  whatsoever,  from  any  king,  prince,  or  foreign 
state." 

Suppose  our  envoy  had  been  offered  a  present  or  a  title  by  the 
British  monarch, — would  the  consent  of  the  treaty  be  tantamount 
to  the  consent  of  Congress  for  the  purpose  of  approving  and 
justifying  his  acceptance  ? 

By  the  constitution  it  is  provided  that  all  bills  for  raising  reve 
nues  shall  originate  in  the  House  of  Representatives,  and  that 
no  money  shall  be  drawn  from  the  treasury  but  in  consequence 
of  appropriations  made  by  law. 

Suppose  Great  Britain  had  stipulated  that,  as  soon  as  the 
commissioners  had  fixed  the  sum  due  to  her  subjects  for  old 
debts,  the  President  should  draw  a  warrant  for  the  amount,  and 
that  the  same  should  be  paid  out  of  all  public  moneys  in  the 
treasury  of  the  United  States  prior  to  the  payment  of  any  ante 
cedent  appropriation  by  law, — would  this  be  the  proper  subject 
for  a  treaty  or  for  an  impeachment  ? 

8.  But,  fatigued  and  disgusted  with  displaying  thus  hypotheti- 
cally  the  monstrous  consequences  which  will  inevitably  flow  from 
the  jurisdiction  claimed  on  behalf  of  the  President  and  Senate 
to  bind  the  United  States  by  any  treaty,  and  in  all  cases  whatso 
ever,  let  us  particularly  examine  the  numerous  and  extravagant 
infractions  of  the  constitution  which  the  projected  treaty  actually 
commits.  Recent  as  is  the  establishment  of  the  federal  constitu 
tion,  it  is,  indeed,  to  be  lamented  that  the  possibility  of  violating 
it,  is  not  a  matter  of  floating  and  fluctuating  popular  opinion, 
but  a  matter  susceptible  of  fixed  and  positive  proof.  For,  who 
does  not  recollect  that  a  bill  touching  the  fundamental  principle 
of  the  government  (its  representative  quality),  after  having 
passed  both  houses  of  Congress,  was  declared  by  the  President 
to  be  unconstitutional,  and  therefore  undeserving  of  his  offi 
cial  approbation  and  signature?  Who  can  forget  that  a  law 
touching  the  essential  properties  of  the  judicial  department  of  our 
government,  after  being  ratified  by  every  organ  of  legislative 
authority  (the  President,  Senate,  and  House  of  Representatives), 
was  declared  by  Chief  Justice  Jay  and  his  associate  judges  to  be 
unconstitutional,  and  therefore  incapable  of  being  executed  and 
enforced?  With  such  authoritative  precedents  (and  there  are 
many  others  that  might  be  adduced  from  the  transactions  of 
individual  States)  of  the  possibility  of  deviating  from  the  rule 
and  meaning  of  our  constitution,  are  we  to  be  damned  for  politi 
cal  heresy  merely  because  we  doubt,  or  deny,  the  infallibility  of 


188  APPENDICES. 

Mr.  Jay's  negotiating  talents  1  And  must  every  man  be  accursed 
(to  use,  for  a  moment,  the  intolerant  language  of  the  late  Secre 
tary  of  the  Treasury,  in  his  character  of  the  New  York  Camillus) 
who  thinks  that  the  American  envoy  and  the  British  minister 
were  at  least  as  likely  to  mistake,  or  misconstrue,  the  constitutional 
boundaries  of  the  American  government  as  the  President, 
Senate,  and  House  of  Representatives  of  the  United  States  ?  It 
is  certainly,  upon  the  whole,  more  candid  and  more  convincing 
to  put  "  the  defence"  of  the  treaty  upon  the  true  trading  ground 
taken  by  the  New  York  Chamber  of  Commerce ;  to  wit — "  That 
we  have  made  as  good  a  market  as  such  pedlars  had  a  right  to 
expect  on  the  royal  exchange ;  and  that  we  cannot  afford  to  fight, 
though  we  must  submit  to  be  plundered." 

9.  Let  us  proceed,  however,  in  examining  the  points  on  which 
the  British  treaty  is  at  war  with  the  American  constitution. 

(I)  By  the  Constitution  of  the  United  States,  the  JUDICIAL 
POWER  is  vested  in  one  supreme  court,  and  in  such  inferior  courts 
as  the  Congress  may  from  time  to  time  establish ;  and  its  juris 
diction  embraces,  among  other  things,  "  controversies  between  a 
state,  or  citizens  thereof,  and  foreign  states,  citizens,  or  subjects." 

By  the  treaty,  a  tribunal  other  than  the  supreme  court,  or  any 
inferior  court  established  by  Congress,  is  erected,  with  a  juris 
diction  to  ascertain  the  amount  of  any  losses  or  damages  sustained 
"  by  divers  British  merchants  and  others,  his  Majesty's  subjects, 
on  account  of  debts,  etc.  that  still  remain  owing  to  them  by 
citizens  or  inhabitants  of  the  United  States ;"  and  it  is  agreed, 
"that  in  all  such  cases,  where  full  compensation  for  such  losses 
and  damages  cannot,  for  whatever  reason,  be  actually  had  and 
received  by  the  said  creditors,  in  the  ordinary  course  of  justice, 
the  United  States  will  make  full  and  complete  compensation  for 
the  same  to  the  creditors,"  etc. 

Remarks. — 1.  It  is  the  right  of  every  independent  nation  to 
establish  and  maintain  a  judicial  authority  coextensive  with  its 
territorial  possessions.  The  principle  is  indisputable,  and  it  is 
incidentally  recognized  by  Lord  Mansfield  and  other  great  law 
yers  in  the  celebrated  controversy  between  the  king  of  Prussia 
and  Great  Britain  relative  to  the  Silesia  Loan.  2.  The  consti 
tutional  tribunals  of  the  United  States  were  adequate  to  the 
administration  of  complete  justice  in  the  very  cases  for  which 
the  treaty  provides  a  special  tribunal.  3.  If  it  is  possible  in  any 
case,  with  any  nation,  and  at  any  time,  to  stipulate,  by  treaty,  for 
the  erection  of  a  tribunal,  in  order  to  ascertain  and  liquidate 
debts  due  from  citizens  to  foreigners,  may  it  not  be  done  in  every 
case,  with  every  nation,  and  at  every  time  ?  4.  Is  not  the  court 
of  commissioners,  in  effect,  an  high  court  of  errors  and  appeals 
for  the  United  States,  with  power  to  revise  and  reverse  every  judg 
ment  that  has  been  given  since  the  year  1783,  either  in  a  federal 


FEATURES  OF  ME.  JAY'S    TREATY.         189 

or  State  court,  in  every  cause  between  a  British  subject  and  an 
American  citizen  ?  5.  Wherever  the  recovery  of  the  principal 
debt  has  been  protracted  by  the  forms  of  law — wherever  there 
has  been  an  abatement  of  interest,  by  the  compromise  of  the 
parties,  or  the  verdict  of  a  jury — wherever  the  debtor  has  become 
insolvent, — this  high  court  of  commissioners  may  sustain  an 
appeal,  and  can  award  damages  for  the  detention  or  loss  of  the 
debt.  It  is  true,  the  treaty  adds  that  this  "  provision  is  to  extend 
to  such  losses  only  as  have  been  occasioned  by  lawful  impedi 
ments  ;"  but  the  extent  of  the  discretion  of  the  commissioners,  in 
adjudging  what  constitutes  a  lawful  impediment,  is  without 
limitation  or  control;  and  the  nature  of  the  evidence,  by  which 
their  minds  are  to  be  informed,  is  without  rule  or  definition  ; 
since  (in  the  language  of  the  treaty)  it  may  be  "either  according 
to  the  legal  forms  now  respectively  existing  in  the  two  countries, 
or  in  such  other  manner  as  the  said  commissioners  shall  see 
cause  to  require  or  allow."  Thus  not  only  erecting  a  court 
unknown  to  our  constitution,  but  admitting  a  species  of  proof 
not  recognized  by  the  legal  forms  of  our  country.  6.  Let  us 
appeal  to  Mr.  Jay  himself  upon  the  constitutionality  of  such 
proceedings.  By  an  act  of  Congress,  the  judges  of  the  circuit 
courts  were  required  to  take,  and  report  to  the  Secretary  at  War, 
certain  proofs  in  the  case  of  invalids  and  pensioners.  The 
judges  refused  (as  we  have  already  noticed)  to  execute  the  act, 
declaring  it  to  be  unconstitutional,  as  well  on  account  of  the 
nature  of  the  duty  imposed  upon  them  as  on  account  of  the  re- 
visionary  power  which  was  vested  in  the  Secretary  at  War.  By 
the  treaty,  the  President  and  Senate  will  appoint  commissioners, 
in  conjunction  with  the  king  of  Great  Britain,  to  hold  a  court  of 
appeals  from  every  court  in  the  Union  ;  and  to  determine  judicial 
questions,  upon  private  controversies,  between  British  subjects 
and  American  citizens.  Now,  let  us  ask,  whether  it  is  more  un 
constitutional/or  the  legislature  to  impose  new  and  extraordinary 
duties  upon  a  court,  existing  according  to  the  constitution,  than 
for  the  executive  to  create  a  new  and  extraordinary  tribunal, 
incompatible  with  the  constitution, — inasmuch  as  it  can  only  act 
upon  the  alienation  of  the  jurisdiction  previously  and  exclusively 
vested  in  our  domestic  courts : — the  jurisdiction  of  hearing  and 
deciding  judicial  questions,  upon  private  controversies,  between 
British  subjects  and  American  citizens?  7.  But  this  is  not  the 
only  infraction  of  the  constitution  involved  in  the  arrangement 
alluded  to — the  obligation  of  private  contracts  is  transferred 
from  individuals  to  the  public.  The  framers  of  the  constitution, 
in  declaring  that  "  all  debts  contracted,  and  engagements  entered 
into,  before  its  adoption,  shall  be  as  valid  against  the  United 
States  under  the  constitution  as  under  the  confederation,"  could 
hardly  anticipate  that  they  charged  the  treasury  of  the  Union 


190  APPENDICES. 

with  the  payment  of  all  the  outstanding  debts  of  the  individual 
citizens  of  America!  And  when  Congress  was  vested  with  a 
power  "to  lay  and  collect  taxes,  to  pay  the  debt*,  and  provide  for 
the  common  defence  and  general  welfare  of  the  United  States," 
it  certainly  never  was  contemplated  that  the  government  of 
America  became  the  insurer  of  every  British  merchant  against 
litigious  delays  and  fraudulent  or  accidental  bankruptcies !  It 
cannot  be  suggested  that  Great  Britain  acts  in  a  similar  manner 
upon  our  complaints  of  the  spoliations  on  our  trade.  For  the 
injury  that  we  have  sustained  originated  in  an  act  of  govern 
ment, — the  injured  individuals  are,  in  the  first  instance,  bound  to 
apply  to  the  British  courts  of  justice, — and  the  public  are  only 
responsible  in  the  last  resort  for  the  individual  aggressors. 

(2)  By  the  Constitution  of  the  United  States,  Congress  is 
empowered  to  establish  "an  uniform  rule  of  naturalization," 
and  that  power  has  accordingly  been  exercised  in  an  act  that 
provides,  among  other  things,  that  "  no  person  heretofore  pro 
scribed  by  any  State  shall  be  admitted  a  citizen  except  by  an 
act  of  the  legislature  of  the  State  in  which  such  person  was 
proscribed." 

By  the  treaty,  all  the  British  settlers  and  traders  within  the 
precincts  or  jurisdiction  of  the  western  posts  are  allowed  an  elec 
tion  either  to  remain  British  subjects  or  to  become  citizens  of 
the  United  States;  and  it  is  agreed  "that  British  subjects  who 
now  hold  lands  in  the  territories  of  the  United  States  may  hold, 
grant,  sell,  or  devise  the  same  to  whom  they  please  in  like  man 
ner  as  if  they  were  natives  ;  and  that  neither  they  nor  their 
heirs  or  assigns  shall,  so  far  as  may  respect  the  said  lands  and 
the  legal  remedies  incident  thereto,  be  regarded  as  aliens.'17 

Remarks. — Is  not  the  treaty  at  war  with  the  constitution  in 
this  great  and  delicate  point  of  naturalization  ?  A  British  col 
ony  is  ip  so  facto,  by  the  magic  of  Mr.  Jay's  pen,  converted  into 
an  American  settlement !  Every  British  subject  who  now  holds 
lands  (and  when  we  recollect  the  recent  speculations  for  the  sale 
of  lands,  how  can  we  calculate  the  extent  of  the  adoption?)  is, 
without  ordeal  or  restraint,  endowed  with  all  the  rights  of  a 
native  American  !  If  it  is  possible  by  treaty  to  give  the  rights 
of  propert}^  to  aliens,  may  not  the  civil  rights  of  the  community 
be  disposed  of  by  the  same  potent  instrument?  If  it  is  possi 
ble  by  treaty  to  confer  citizenship  on  the  British  garrison  at 
Detroit  and  its  contiguous  settlers,  why  may  we  not  by  treaty 
also  confer  an  instantaneous  citizenship  on  every  flight  of  emi 
grants  that  shall  hasten  to  our  shores  from  Germany  or  Ireland? 
It  may  not  be  amiss  here  to  intimate  a  doubt  of  the  power  of 
the  federal  government  to  regulate  the  tenure  of  real  estates  ;  it 
is  nowhere  expressly  given,  and  therefore  cannot  be  constitu 
tionally  implied ;  and  it  seems  to  be  among  the  necessary  and 


FEATURES    OF  MR.  JAY'S    TREATY.         191 

natural  objects  of  State  legislation.  But  let  us  presume  (what 
is  highly  probable)  that  there  are  amongst  the  settlers  within 
the  precincts  or  jurisdiction  of  the  western  posts  certain  pro 
scribed  persons, — can  the  treaty,  in  spite  of  the  law,  restore  them 
to  the  rights  of  citizenship  without  the  authoritative  assent  of 
the  State  that  proscribed  them  ?  Again :  is  every  man  whose 
estate  was  liable  to  confiscation  as  a  traitor  or  as  an  alien,  in 
consequence  of  the  Revolution,  entitled  now  to  hold  lands  as  a 
native?  The  Fairfax  claim  in  Virginia,  the  claim  of  the  Penns 
in  Pennsylvania,  and  the  claims  of  Galloway,  Allen,  etc.,  may 
hence  derive  a  dangerous  principle  of  resuscitation.  Look  to  it 
well, 

(3)  By  the  constitution,  Congress  is  empowered  to  regulate 
commerce  with  foreign  nations. 

By  the  treaty,  the  commerce  of  the  United  States,  not  only 
directly  with  Great  Britain,  but  incidentally  with  every  foreign 
nation,  is  regulated. 

Remarks. — There  is  not  a  source  of  legislative  jurisdiction 
upon  the  subject  of  commerce  which  is  not  absorbed  by  this  ex 
ecutive  compact.  The  power  of  regulating  commerce  with  for 
eign  nations  is  expressly  and  specifically  given  to  Congress. 
Can  a  power  so  given  to  one  department  be  divested  by  implica 
tion  in  order  to  amplify  and  invigorate  another  power  given  in 
general  terms  to  another  department  ?  But  more  of  that  here 
after. 

(4)  By  the  constitution,  Congress  is  empowered  to  regulate 
commerce  with  the  Indian  tribes. 

By  the  treaty,  it  is  agreed  that  "  it  shall  at  all  times  be  free  to 
British  subjects,  etc..  and  also  to  the  Indians  dwelling  on  either 
side  of  the  boundary  line  of  the  United  States,  freely  to  pass 
and  repass  by  land  or  inland  navigation  into  the  respective  terri 
tories  and  countries  of  the  two  parties  on  the  continent  of  Amer 
ica,  etc.,  and  freely  to  carry  on  trade  and  commerce  with  each 
other."  The  treaty  likewise  provides  that  "no  duty  of  entry 
shall  ever  be  levied  by  either  party  on  peltries  brought  by  land 
or  inland  navigation  into  the  said  territories  respectively;  nor 
shall  the  Indians,  passing  or  repassing  with  their  own  proper 
goods  and  effects  of  whatever  nature,  pay  for  the  same  any  impost 
or  duty  whatever 

Remarks. — It  is  easy  to  perceive  that  the  stipulations  in  favor 
of  the  Indians  were  introduced  at  the  instance  of  Great  Britain  ; 
and  her  motives  are  not  even  attempted  to  be  disguised.  Her 
traders  will  boast  of  the  favor  and  security  which  she  has  com 
pelled  America  to  grant  to  the  Indians,  and  so  engage  their 
confidence  and  attachment ;  while  the  privilege  of  free  passage 
and  the  exemption  from  duties  will  inevitably  throw  the  whole 
fur-trade  into  the  hands  of  the  British.  The  surrender  of  the 


192  APPENDICES. 

western  posts  under  such  circumstances  can  produce  no  loss  to 
Great  Britain,  and  will  certainly  be  of  no  advantage  to  America: 
it  will  not  add  a  shilling  to  the  profits  of  our  Indian  traffic,  nor 
insure  us  a  moment's  suspension  of  Indian  hostilities  !  But,  to 
prosecute  our  constitutional  inquiry, — what  right  is  there,  by 
treaty,  to  regulate  our  commerce  with  the  Indian  tribes  ?  When 
ever  a  treaty  of  peace  and  amity  has  heretofore  been  concluded 
with  the  Indians,  it  has  been  the  constitutional  practice  of  the 
President  to  call  on  Congress  to  regulate  the  commerce  with 
them.  Such  calls  were  totally  unnecessary,  if  the  same  thing 
might  as  well  and  as  lawfully  be  done  by  treaty  ;  and  if  it  could 
not  be  done  by  treaty  in  the  case  of  the  Indians,  neither  could  it 
be  done  by  treaty  in  the  case  of  a  foreign  nation ;  for  both  are 
expressed  in  the  same  terms,  and  included  in  the  same  member 
of  the  section.  "  Congress  shall  have  power  (says  the  consti 
tution)  to  regulate  commerce  with  foreign  nations,  and  among 
the  several  States,  and  with  the  Indian  tribes."  What  right  is 
there,  by  treaty,  to  declare  that  no  duty  of  entry  shall  ever  be 
levied  by  either  party  on  peltries,  etc.  (and  a  similar  promise  is 
made  in  cases  that  more  immediately  affect  Great  Britain),  since 
Congress  has  the  sole  power  to  lay  and  collect  taxes,  duties,  etc, 
to  pay  the  debts  and  provide  for  the  common  defence  and  gen 
eral  welfare  of  the  United  States?  If  we  may,  negatively,  say, 
by  treaty,  that  certain  duties  shall  not  be  laid,  may  we  not 
affirmatively  say,  by  treaty,  that  certain  other  duties  shall  be 
laid  ?  And  then,  what  becomes  of  that  part  of  our  constitution 
which  declares  "that  all  bills  for  raising  revenue  shall  originate 
in  the  House  of  Representatives?"  But  let  us  imagine  for  a 
moment  that  it  is  in  the  power  of  the  President  and  Senate  to 
regulate  our  commerce  with  the  Indian  tribes, — ought  not  the 
regulation  to  be  made  with  the  Indians  themselves  ?  Why  suffer 
Great  Britain  to  negotiate  and  stipulate  for  Indians  actually  re 
siding  within  the  territory  of  the  United  States?  Is  such  a 
concession  consistent  with  the  dignity  and  independence  of  our 
government — with  the  peace  and  interest  of  the  nation  ?  Let 
Mr.  Randolph's  letter  to  Mr.  Hammond,  on  the  conduct  of  Gen 
eral  Simcoe  and  Major  Campbell,  be  referred  to  as  an  answer  to 
this  question.  It  is  not,  at  present,  within  reach  to  be  quoted  ; 
but  iis  contents  were  too  important  to  have  already  escaped  the 
memory  of  any  reflecting  American. 

(5)  By  the  constitution,  Congress  is  empowered  "  to  define  and 
punish  piracies  and  felonies  committed  on  the  high  seas,  and 
offences  against  the  law  of  nations." 

By  the  treaty,  the  definition  and  punishment  of  certain  offences 
not  known  by  any  law  of  the  Union,  are  declared  and  permitted  ; 
to  wit: — 1st.  For  accepting  commissions  or  instructions  from  any 
foreign  prince  or  state  to  act  against  Great  Britain.  2d.  For 


FEATURES    OF  MR.  JAY'S    TREATY.        193 

accepting  any  foreign  commission  or  letter  of  marque  for  arming 
any  privateer,  etc.,  Great  Britain  may  punish  an  American  citizen, 
as  a  pirate.  3d.  For  not  treating  British  officers  with  that  re 
spect  which  is  due  to  the  commissions  they  bear,  and  for  offering 
any  insult  to  such  officers,  the  offenders  shall  be  punished  as  dis- 
turbers  of  the  peace  and  amity  between  America  and  Great 
Britain.  4th'.  For  making  a  prize  upon  the  subjects  of  Great 
Britain,  the  people  of  every  other  belligerent  nation  (except 
France)  shall  be  punished  "by  a  denial  of  shelter  or  refuge  in 
our  ports. 

Remarks. — To  define  crimes  and  apportion  punishments  is 
the  peculiar  province  of  the  legislative  authority  of  every  free 
government;  but  it  is  obvious,  from  the  foregoing  recapitu 
lation,  that  the  executive  authority  has  likewise  encroached  upon 
that  province,  by  the  instrumentality  of  its  treaty-making  power. 
Can  a  citizen  be  surrendered  by  treaty  to  all  the  pains  and  pen 
alties  of  piracy?  Then,  by  treaty,  he  might  be  subjected  to  all 
the  pains  and  penalties  of  treason.  It  is  true  that  the  consti 
tution  reserves  to  itself  the  exclusive  rig/rf  of  declaring  what 
shall  constitute  treason;  but  it  is  equally  true  that  it  bestows 
on  Congress  the  exclusive  right  to  define  and  punish  piracy: 
and  the  invasion  of  the  right  to  define  in  one  case,  is  as  uncon 
stitutional  as  the  invasion  of  an  actual  definition  in  the  other. 
But  what  legitimate  authority  can  a  treaty  suggest  in  order  to 
justify  the  restraint  upon  that  right  of  expatriation  which  Con 
gress  itself  has  not  ventured  to  restrain  while  legislating  on 
subjects  of  a  similar  class  ?  It  is  not  intended  to  convey  the 
slightest  doubt  of  the  power  and  propriety  of  controlling  our 
citizens  in  their  conduct  towards  foreign  nations  while  they  are 
within  the  reach  of  domestic  coercion  ;  but  to  prohibit  an  Ameri 
can  freeman  from  going  whither  he  pleases  in  quest  of  fortune 
and  happiness,  to  restrict  him  from  exercising,  in  a  foreign 
country  and  in  a  foreign  service,  his  genius,  talents,  and  indus 
try  ;  to  denounce  him  for  seeking  honor,  emolument,  or  instruc 
tion,  by  enlisting  within  the  territory,  and  under  the  banners,  of 
another  nation — to  do  such  things,  is  to  condemn  the  principle  of 
our  own  policy,  by  which  we  invite  all  the  world  to  fill  up  the 
population  of  our  country:  to  do  such  things  is,  in  fact,  to  pros 
trate  the  boasted  rights  of  man.  It  is  hardly  worth  a  pause  to 
ask,  what  proportion  of  respect  is  due  to  the  commission  of  a 
British  officer?  and  what  degree  of  punishment  the  refusal  or 
neglect  to  pay  it  may  deserve  ? 

(6)  By  the  constitution,  it  is  declared  "that  no  tax  or  duty 
shall  be  laid  on  articles  exported  from  any  State." 

By  the  treaty,  "  it  is  expressly  agreed  and  declared,  that  the 
United  States  will  prohibit  and  restrain  the  carrying  any  mo 
lasses,  sugar,  coffee,  cocoa,  or  cotton,  in  American  vessels,  either 


194  APPENDICES. 

from  his  Majesty's  islands  or  from  tlie  United  States,  to  any  part 
of  the  world."  " 

Remarks. — This  is  an  extract,  it  is  true,  from  the  twelfth  article 
of  the  treaty  ;  but  it  equal! v  serves  to  show  the  probability  of 
attempts  to  violate  the  constitution.  Besides,  the  advocates  for 
the  treaty  are  hasty  and  premature  when  they  desire  to  throw 
the  twelfth  article  entirely  out  of  consideration  ;  for,  by  that 
proposition,  though  they  should  save  the  treaty,  they  effectually 
destroy  its  author.  They  are  hasty  and  premature  for  another 
reason  :  the  twelfth  article  is  to  be  suspended  for  the  declared 
purpose  of  negotiating  something  as  a  substitute ;  and  therefore 
we  must  consider  its  principle  in  order  to  ascertain  how  far  any 
modification  of  it  could  be  rendered  palatable.  But,  on  consti 
tutional  ground,  when  it  is  declared  that  no  duty  shall  by  law  be 
laid  on  articles  exported  from  any  State,  is  it  not  absurd,  or 
wicked,  to  suppose  that  by  treaty  the  exportation  of  the  articles 
themselves  can  be  prohibited  ?  The  obvious  intention  of  the 
constitution  is  to  encourage  our  export  trade;  the  immediate 
effect  of  the  treaty  is  to  obstruct  and  annihilate  it. 

(7)  There  are  many  other  points  in  wrhich  a  collision  occurs  be 
tween  the  constitution  and  the  treaty,  but  to  which  the  scope  and 
nature  of  these  strictures  will  not  admit  a  full  attention.     It  may 
be  cursorily  remarked,  however,  that  a  cession  of  territory,  which 
will,  probably,  be  the  consequence  of  settling  anew  the  boundaries 
of  the  United  States,  and  even  the  actual  cession  of  the  precincts 
of  the  western  posts,  though  in  favor  of  individuals,  are  subjects 
for  serious  reflection.     If  a  part  of  the  United  States  may  be 
ceded,  if  a  whole   State   may  be  ceded, — what  becomes  of  the 
guarantee  of  a  republican  form  of  government  to  every  State? 
The  propriety  of  presenting  this  consideration  to  the  public  mind 
will  be  allowed  by  those  who  know  that,  in  the  course  of  the 
senatorial  debate,  the  right  of  ceding  by  treaty  a  whole  State, 
nay,  any  number  of  the  States  sliort  of  a  majority,  was  boldly 
asserted  and  strenuously  argued  ! !  ! 

(8)  It  may  not  be  amiss,  likewise,  to  add  that  our  government 
has  no  more  right  to  alienate  powers  that  are  given  than  it  has  to 
usurp  powers  that  are  not  given.      For  instance,  an  act  of  Con 
gress  could  not  (and  can  a  treaty?)  surrender  the  right  of  seques 
tering  the   property   of  a  hostile  nation,  —  the  right  of  giving 
commercial    preferences  to   a  friendly  nation,  —  and    the   right 
of  suspending  a  ruinous  intercourse  with  any  nation.     Great 
clamors  have  been  raised   against  the  exercise  of  these  rights; 
and,  undoubtedly,  they  should  only  be  used  in  the  last  resort ; 
but   they  are    rights    recognized    by  the  law  of  nations;    and 
they  are"  rights  often  essential  to  the  duties  of  self-preservation, 
and  sometimes  necessary  to  the  accomplishment  of  reciprocal 
justice. 


FEATURES   OF  ME.  JAY'S    TREATY.         195 

10.  Having  taken  this  review  of  the  actual  warfare  between 
the  constitution  and  Mr.  Jay's  diplomatic  work,  and  of  the  de 
structive  consequences  of  the  claim  of  the  executive  to  bind  the 
United  States,  in  all  cases  whatsoever,  by  treaty,  let  us  recur  to 
the    position  with   which  the  present  feature   was  introduced, 
namely,  the  duty  of  preserving  the  constitution,  such  as  it  was 
made  "and  intended  by  the  people,  and  we  shall  find,  by  a  faithful 
comparison  of  theory  with  practice,  that  the  government  of  the 
United  States  may  be  transformed,  through  the  medium  of  the 
treaty-making  power,  from  a  republic  to  an  oligarchy, — from  a 
free  government  of  several  departments,  legislative,  judicial,  and 
executive,  to  the  simple  aristocratical  government  of  a  President 
and  Senate. 

11.  This  fatal  effect,  however,  of  converting  our  government 
from  the  system  which  the  people  love  to  a  system  which  they 
abhor, — from  what  it  was  made  in  theory,  to  what  it  was  never 
intended  to  be  made  by  practice, — can  only  proceed  from  error 
or  corruption.    It  would  ill  become  the  writer  of  these  strictures, 
who  so  freely,  but,  it  is  hoped,  so  fairly,  expresses  an  opinion,  to 
impute  to  any  man,  or  set  of  men,  a  sinister  and  traitorous  design 
against  the  constitution  of  our  common  country.     The  denun 
ciations  fulminated  by  the  New  York  Camillas  and  his   small 
circle  of  coadjutors,  harmlessly  expend  themselves  in  the  violence 
of  their  explosion ;    like  the    denunciations   of  the  Tiara,  they 
spring  from  an  arrogant  claim  of  infallibility ;  and  like  them, 
too,  will  only  excite  the  derision  or  the  disgust  of  an  enlight 
ened  nation.     Is  it  credible  that  every  citizen  of  the  United 
States,  from   Georgia  to  New  Hampshire,  who  reprobates  Mr. 
Jay's  treaty  must  either  be  an  enemy  to  our  government  or  a 
rancorous  incendiary  ?     Is  it  to  be  presumed  that  no  man  can 
utter  a  sentence  of  disapprobation  respecting  the  principles  of 
the  treaty,  without  feeling  a  sentiment  of  animosity  respecting 
the  person  of  the  negotiator  ?     Are  we   really   such  slaves   to 
faction,  so  trammelled  with  party,  so  insensible  to  virtue,  truth, 
and  patriotism,  that  every  thought  which  we   conceive,  every 
expression  which  we  use,  on  this  momentous  occasion,  must  be 
connected  with  the  possible  (but,  it  is  ardently  hoped,  the  distant) 
event  of  electing  a  successor  to  the  present  chief  magistrate  of 
the  Union  ?     Yet  such  are  the  base  and  sordid  motives  passion 
ately  and  wantonly  ascribed  by  Camillus,  and  the  scanty  troop 
of  advocates  who  follow  him   in  supporting  the  treaty,  to  the 
great  host  of  the  American  people,  rising  (as  it  were)  in  mass 
to  condemn  it. 

If  it  could  be  thought  a  convenient,  a  reputable,  or  a  necessary 
task,  how  successfully  might  the  argument  of  recrimination  be 
employed  !  Who,  it  could  be  asked,  are  the  persons  that  sup 
port  the  treaty  ?  What  are  the  motives  that  actuate  them  ?  Is 


196  APPENDICES. 

it  surprising  that  the  men  who  advised  the  treaty,  or  that  THE 
MAN  who  composed  it,  should  endeavor,  by  the  force  of  ingenuity, 
art,  or  defamation,  to  rescue  it  from  general  malediction  and  im 
pending  ruin  ?  Was  it  not  to  be  expected  that  a  faction,  uni 
formly  eager  to  establish  an  alliance  tvith  Great  Britain  at  the 
expense  of  France,  would  strenuously  attempt  to  procure  the 
ratification  of  any  instrument  calculated  to  accomplish  that  ob 
ject  ?  Does  not  consistency  require  from  him  who  openly  pro 
jected  in  the  federal  convention,  and  from  those  who  secretly 
desire,  in  the  execution  of  public  offices,  the  establishment  of  an 
aristocracy  under  the  insidious  title  of  an  energetic  scheme  of 
government,  that  they  should  approve  and  countenance  every 
practical  application  of  any  medium  by  which  the  barriers  that 
separate  our  constitutional  departments  may  be  overthrown,  and 
the  occasions  for  interposing  the  popular  sanction  of  the  legis 
lature  may  be  superseded  or  avoided  ?  Is  it  not  natural  that 
British  merchants  and  British  agents, — is  it  not  necessary  that 
British  debtors  and  British  factors, — should  clamorously  unite 
or  tacitly  acquiesce  in  the  applause  bestowed  upon  a  compact 
which,  however  detrimental  to  America,  is  beneficial  to  Great 
Britain,  the  nation  of  chief  importance  to  the  allegiance  and 
affections  of  some  of  those  characters,  and  to  the  opulence  and 
subsistence  of  all  ?  Or,  if  the  paltry  idea  of  an  electioneering 
plan  must  be  forced  upon  our  consideration,  is  it  not  at  least  as 
likely  that  the  party  which  aims  at  making  a  President  of  Mr. 
Jay  will,  on  that  ground  alone,  exert  itself  in  "The  Defence" 
of  the  treaty  as  that  the  party  which  is  desirous  of  conferring 
the  same  elevated  office  on  Mr.  Jefferson  will,  for  no  other  reason, 
attempt  to  blast  the  fruits  of  his  competitor's  negotiation  ?  Con 
sidering,  indeed,  that  Gamillus  himself,  by  confining  his  "  De 
fence  "  to  the  treaty  as  advised  to  be  ratified  by  the  Senate,  vir 
tually  abandons  the  treaty  as  negotiated  and  concluded  by  Mr. 
Jay  ;  and  also  considering  that  a  part  of  Gamillus ]s  defence  of  the 
present  treaty  arises  from  the  ambiguity  that  Mr.  Jay  had  left 
in  the  former  treaty  with  Great  Britain  (upon  which,  however, 
his  character  as  a  negotiator  was  founded),  we  might  be  led  to 
suppose  that  Mr.  Jay's  pretensions  to  the  wisdom  of  a  statesman 
and  to  the  station  of  a  President  were  not  deemed,  even  by  his 
own  party,  to  be  any  longer  tenable;  but  that  Camillus  still  con 
descends,  on  the  obvious  presumption  of  a  subsisting  rivalship, 
to  impeach  the  ministerial  character  and  to  depreciate  the  official 
performances  of  Mr.  Jefferson. 

But  why  should  we  arbitrarily  abuse,  instead  of  endeavoring 
rationally  to  convince,  each  other  ?  We  all  have  the  same  right, 
from  natural  and  from  social  law,  to  think  and  to  speak.  It  is 
true  that  we  do  not  all  possess  the  same  powers  of  reason,  nor 
the  same  charms  of  eloquence  ;  but  when  men  are  on  an  equality 


FEATURES    OF  ME.  JAY'S    TEEATY.         197 

in  the  possession  as  well  as  in  the  right  of  exercising  those  en 
dowments,  there  can  be  no  amicable  way  of  adjusting  a  differ 
ence  of  opinion  but  that  which  is  adopted  for  adjusting  all  the 
other  differences  of  a  free  people — an  appeal  to  the  voice  of  the 
majority!  Now,  let  it  be  allowed  (and  so  far  ought  it  to  be 
allowed,  but  no  farther)  that  Mr.  Jay  who  negotiated  the  treaty, 
the  twenty  members  of  the  Senate  who  assented  to  a  conditional 
ratification,  and  Mr.  Hamilton  and  the  New  York  Chamber  of 
Commerce  who  have  appeared  in  support  of  it  (an  enumeration 
that  comprises,  it  is  believed,  all  that  have  hitherto  avowed  a 
perfect  approbation),  are  in  the  possession  of  as  great  a  propor 
tion  of  information,  integrity,  and  talents  as  a  like  number  of  cit 
izens  selected  for  their  approved  wisdom,  virtue,  and  patriotism 
from  the  aggregate  of  those  who  have  publicly  condemned  the 
treaty,  and  then  let  it  be  candidly  answered  which  scale  in  the 
balance  must  of  right  preponderate.  After  such  a  selection 
there  will  still  remain  the  great  body  of  the  community  in  oppo 
sition  to  a  ratification,  and  as  members  of  that  community  thou 
sands  of  individuals  who  honorably  served  during  the  late  war  in 
the  field  and  the  cabinet,  and  many  of  whom  at  this  moment 
serve  with  zeal,  fidelity,  and  wisdom  in  the  various  departments 
of  government.  Is  it  not,  then,  the  symptom  of  an  arrogant 
vanity,  of  a  tyrannical  disposition,  to  stigmatize  such  an  oppo 
sition  to  a  projected  measure  with  the  name  of  "Faction  ?"  The 
violence  ottered  to  Mr.  Hamilton's  person  in  New  York  and  to 
Mr.  Bingham's  house  in  Philadelphia  has  justly  excited  the 
indignation  of  every  sincere  Republican  ;  but  even  that  repre 
hensible  and  odious  conduct  is  not  to  be  compared  to  the  enor 
mous  guilt  of  endeavoring  to  force  the  opinion  of  &few  individ 
uals  upon  the  people  as  the  ultimate  test  of  political  truth,  and 
to  cast  an  odium,  upon  the  late  conventions  in  which,  according  to 
the  language  of  the  constitution,  "  the  people  were  peaceably  as 
sembled  to  petition  the  government  for  the  redress  (or  rather 
the  prevention)  of  a  grievance." 

But  let  the  pardon  of  the  reader  be  granted  for  this  digres 
sion,  and  we  will  return  to  a  delineation  of  the  feature  that  lies 
before  us. 

12.  Declining,  then,  either  to  create  or  to  follow  a  bad  exam 
ple,  let  us  ascribe  the  deviation  from  the  principles  of  our  consti 
tution  to  an  erroneous  construction  rather  than  to  a  wilful  per 
version,  and  let  us  exert  our  skill  in  averting  the  evil  that  threatens 
rather  than  indulge  our  resentment  in  convicting  those  who  labor 
to  produce  it. 

Our  government,  therefore,  being  a  government  of  depart 
ments,  it  is,  as  we  have  already  observed,  inconsistent  with  the 
duty  of  self -preservation ;  or,  in  other  words,  it  must  proceed 
from  an  error  in  construction,  that  one  department  shall  assume 


198  APPENDICES. 

and  exercise  all  or  any  of  the  powers  of  all  or  any  of  the  other 
departments.  "  The  departments  of  government  (to  adopt  the 
elegant  figure  used  by  an  excellent  judge  in  a  late  admirable 
charge  to  a  Philadelphia  jury)  are  planets  that  revolve  each  in 
its  appropriate  orbit  round  the  constitution  as  the  sun  of  our  po 
litical  system."  Thus,  if  the  legislative,  executive,  or  judicial 
departments  shall  encroach  one  upon  the  orbit  of  the  other,  the 
destruction  of  the  order,  use,  and  beauty  of  the  political  system 
must  as  inevitably  ensue  as  the  destruction  of  the  order,  use, 
and  beauty  of  the  planetary  system  would  follow  from  a  sub 
version  of  the  essential  principles  of  attraction,  repulsion,  and 
gravity. 

13.  It  was  necessary,  however,  that  the  power  of  making 
treaties  with  foreign  nations  should  be  vested  in  one  of  the  de 
partments  of  the  government;  but  the  power  of  making  treaties 
is  not,  in  its  nature,  paramount  to  every  other  power  ;  nor  does 
the  exercise  of  that  power  naturally  demand  an  exclusive  juris 
diction.  A  nation  may  carry  on  its  external  commerce  without 
the  aid  of  the  treaty-making  power,  but  it  cannot  manage  its 
domestic  concerns  without  the  aid  of  the  legislative  power; 
the  legislative  power  is,  consequently,  of  superior  importance 
and  rank  to  the  treaty-making  power.  Again:  the  legislative 
power,  exercised  conformably  to  the  constitution,  must  be  direct, 
universal,  and  conclusive  in  its  operation  and  force  upon  the 
people ;  but  the  treaty-making  power  is  scarcely  in  any  in 
stance  independent  of  legislative  aid  to  effectuate  its  efforts  and 
to  render  its  compacts  obligatory  on  the  nation.  A  memorable 
occurrence  in  English  history  will  serve  to  illustrate  both  of 
these  positions.  It  is  the  fate  of  the  commercial  part  of  the 
famous  treaty  of  Utrecht,  concluded  between  France  and  Eng 
land  in  the  year  1712.  "  The  peace,"  says  Russell  in  his  His 
tory  of  Modern  Europe,  vol.  iv.  p.  457,  "was  generally  disliked 
by  the  people,  and  all  impartial  men  reprobated  the  treaty 
of  commerce  with  France  as  soon  as  the  terms  were  known. 
Exception  was  particularly  taken  against  the  8th  and  9th  arti 
cles,  importing  that  Great  Britain  and  France  should  mutually 
enjoy  all  the  privileges  in  trading  with  each  other  which  either 
granted  to  the  most  favored  nation;  that  all  prohibitions  should 
be  removed,  and  no  higher  duties  imposed  on  the  French  com 
modities  than  on  those  of  any  other  people."  The  ruinous  tend 
ency  of  these  articles  was  perceived  by  the  whole  trading  part 
of  the  kingdom.  It  was  accordingly  urged,  when  a  bill  was 
brought  into  the  House  of  Commons  for  confirming  them,  that 
the  trade  with  Portugal,  the  most  beneficial  of  any,  would  be  lost 
should  the  duties  on  French  and  Portuguese  wines  be  made 
equal,  etc.  These  and  similar  arguments  induced  the  more  mod 
erate  Tories  to  join  the  Whigs,  and  the  bill  was  rejected  by  a  ma- 


FEATURES   OF  ME.  JAY'S    TREATY.         199 

jority  of  nine  votes.  In  relating  the  same  transaction,  Smollett's 
History  of  England,  vol.  ii.  pp.  242,  246,  contains  some  passages 
too  remarkable  to  be  omitted  on  the  present  occasion  :  "Against 
the  8th  and  9th  articles,"  says  the  historian,  "the  Portuguese 
minister  presented  a  memorial  declaring  that  should  the  duties 
on  French  wines  be  lowered  to  the  same  level  with  those  that 
were  laid  on  the  wines  of  Portugal,  his  master  would  renew  the 
prohibition  of  the  woollen  manufactures  and  other  products  of 
Great  Britain.  Indeed  all  the  trading  part  of  the  nation  ex 
claimed  against  the  treaty  of  commerce,  which  seems  to  have 
been  concluded  in  a  hurry,  before  the  ministers  fully  understood 
the  nature  of  the  subject.  This  precipitation  was  owing  to  the 
fears  that  their  endeavors  after  peace  would  miscarry,  from  the 
intrigues  of  the  Whig  faction  and  the  obstinate  opposition  of  the 
confederates."  "Another  bill,"  continues  the  same  writer  in  a 
subsequent  page,  "  being  brought  into  the  House  of  Commons 
for  rendering  the  treaty  of  commerce  effectual,  such  a  number 
of  petitions  were  delivered  against  it,  and  so  many  solid  argu 
ments  advanced  by  the  merchants  who  were  examined  on  the 
subject,  that  even  a  great  number  of  Tory  members  were  con 
vinced  of  the  bad  consequence  it  would  produce  to  trade,  and 
voted  against  the  minister  on  this  occasion." 

Perhaps  there  cannot,  in  the  annals  of  all  the  nations  of  the 
earth,  be  found  two  cases  more  parallel  than  the  one  which 
is  thus  recorded  in  English  history,  and  the  one  which  at 
present  agitates  the  American  nation.  1.  All  impartial  men 
reprobated  both  treaties  as  soon  as  the  terms  were  known.  2. 
The  admission  of  the  opposite  contracting  party  to  an  unqualified 
participation  in  trade  with  the  most  favored  nation  is,  in  both 
cases,  a  principal  source  of  complaint.  3.  The  removal  of  all 
prohibitions,  and  the  surrender  of  the  right  to  impose  higher 
duties  on  the  commodities  of  the  opposite  contracting  party  than 
on  those  of  any  other  people,  are,  in  both  cases,  condemned.  4. 
The  good  and  the  intelligent  of  all  parties  have  united  their 
influence  in  both  cases  to  prevent  a  confirmation  of  articles  of  so 
ruinous  a  tendency.  5.  The  whole  nation,  in  both  cases,  have 
exclaimed  against  the  treaty.  6.  Both  treaties  were  concluded 
in  a  hurry,  before  the  ministers  fully  understood  the  nature  of 
the  subject.  7.  Innumerable  petitions  (and  who  will  NOW  deny 
the  propriety  of  exercising  the  American  right  to  petition?)  were 
delivered  against  both  treaties.  8.  And  the  Portuguese  minister 
declared,  in  effect,  of  the  treaty  of  Utrecht  (mutatis  mutandis) 
what  the  minister  of  France  will,  probably,  declare  of  the  treaty 
of  London  (but  what  America  surrenders  the  right  of  saying  at 
any  time  to  Great  Britain),  "  If  you  ratify  your  alliance  with  the 
British,  you  must  surrender  your  alliance  with  France."  If  such 
a  wonderful  similarity  of  circumstances  concur  in  the  negotiation, 


200  .APPENDICES. 

terms,  and  reception  of  these  memorable  instruments,  let  us  hope 
that  the  guardian  angel  of  American  liberty  and  prosperity  has 
also  doomed  them  finally  to  experience  a  merited  similarity  of 
fate  ! 

14.  But  having  thus  shown  that,  even  in  Great  Britain  the 
treaty-making  prerogative  is  neither  paramount  nor  exclusive 
(though  the  generality  of  Judge  Blackstone's  expressions  on  the 
subject  would,  perhaps,  lead  to  that  preposterous  conclusion), 
we  might  be  satisfied  to  presume,  on  general  principles,  that  so 
high  a  claim  of  jurisdiction  could  not  be  maintained,  at  least,  on 
the  part  of  our  President  and  Senate.  Yet  let  us  endeavor,  by 
the  infallible  test  of  the  constitution,  to  put  the  matter,  if  possible, 
beyond  doubt  and  controversy ;  and  having  established  that 
each  department  of  the  government  should  be  confined  to  its 
proper  orbit,  let  us  endeavor  to  ascertain  what  that  orbit  is  in 
relation  to  the  treaty-making  power. 

(1)  The  power  of  the  President  and  Senate  to  make  treaties 
is  given  (as  we  have  already  stated)  in  general  and  unrestricted 
terms. 

But  the  powers  given  to  Congress  (except  in  an  instance  to  be 
hereafter  noticed)  are  definite  in  their  terms  and  appropriated 
in  their  objects. 

Let  us  ask,  then,  by  what  rule  of  construction  a  power  pri 
marily  and  specifically  given  to  one  body  can  be  assumed  and 
exercised  by  another  to  which,  in  a  subsequent  clause,  a  mere 
general  authority  is  given  ? 

Upon  the  common-law  principles  of  construction,  the  specific 
powers  would  clearly,  in  such  a  case,  be  deemed  a  reservation 
and  exception  out  of  the  general  grant.  But  even  according  to 
a  rule  furnished  by  the  constitution  itself,  the  same  result  will  be 
produced.  Thus,  the  twelfth  ratified  amendment  declares  "  that 
the  powers  not  delegated  to  the  United  States  by  the  constitu 
tion,  are  reserved  to  the  States  respectively,  or  to  the  people." 
Now,  if  the  general  power  granted  for  the  purpose  of  making 
treaties  can  set  at  naught  the  jurisdiction  specifically  given  to 
Congress  for  the  purpose  of  making  laws,  may  it  not,  with  equal 
propriety  and  effect,  overleap  the  boundary  thus  interposed  be 
tween  popular  rights  and  constituted  powers  ?  In  the  one  case, 
the  reservation  is  expressly  declared, — in  the  other,  it  is  neces 
sarily  implied. 

(2)  But  if  the  delegation  of  a  general  power  does,  ipso  facto, 
convey  a  right  to  embrace,  in  the  exercise  of  that  power,  every 
authority  not  incompatible  with  its  objects,  the  consequence  will 
be  that  Congress  may  enter  into  treaties  as  well  as  the  President 
and  Senate ;  for  Congress  is  vested  with  a  jurisdiction  "to  make 
all  laws  which  shall  be  necessary  and  proper  for  carrying  into 
execution  their  own  powers  ;"  and  what  laws  are,  in  that  respect, 


FEATURES   OF  ME.  JAY'S    TREATY.         201 

necessary  and  proper,  they  must,  from  the  nature  of  the  thing, 
be  the  judge. 

Suppose,  therefore,  that  Congress  was  desirous  of  forming  an 
alliance,  offensive  and  defensive,  with  France,  but  could  not 
obtain  the  constitutional  number  of  two-thirds  of  the  Seriate  for 
accomplishing  the  measure  by  treaty, — an  act  of  Congress,  in 
order  to  regulate  commerce  with  that  nation,  would  afford  as 
effectual  a  mode  (according  to  the  new  doctrine),  since  the  act, 
on  the  pretext  of  an  equivalent  for  commercial  advantages,  might 
legislate  us  into  the  coveted  alliance.  The  temptation  and  fa 
cility  of  proceeding  in  this  way  is  obvious, — the  passing  of  a  law 
requiring  but  a  majority  of  the  Senate  ;  whereas  the  ratification 
of  a  treaty  requires  the  concurrence  of  two-thirds  of  the  members 
of  that  body. 

(3)  It  is  not,  however,  necessary  to  mingle  and  confuse  the 
departments  of  our  government,  contrary  to  the  first  principles 
of  a  free  republic ;  nor  to   make  a  part  of  our  political  system 
equal  to  the  whole,  contrary  to  the  soundest  axioms  of  demon 
strative  philosophy,  in  order  to  give  a  just,  efficient,  and  salutary 
effect  to  the  treaty-making  power  of  the  President  and  Senate. 
For  although, 

In  the  first  place,  the  treaty-making  power  cannot  bind  the 
nation  by  a  decision  upon  any  of  the  subjects  which  the  constitu 
tion  expressly  devolves  upon  the  legislative  power ; 

Yet,  in  the  second  place,  the  treaty-making  power  may  nego 
tiate  conditionally  respecting  the  subjects  that  constitutionally 
belong  to  the  decision  of  the  legislative  power ; 

And,  in  the  third  place,  every  other  subject,  proper  for  the 
national  compact  of  a  republic,  may  be  negotiated  and  absolutely 
concluded  by  the  treaty-making  power. 

(4)  That  such  a  distinction  was  intended  by  the  framers  of  our 
present  excellent  constitution,  the  reasons  that  have  been  glanced 
at  must,  it  is  thought,  sufficiently  prove  to  every  ingenuous  mind. 
But  let  one  argument  more  be  adduced. 

By  the  ninth  article  of  the  old  confederation,  it  was  declared 
"  that  the  United  States  in  Congress  assembled  shall  have  the  sole 
and  exclusive  right  and  power  of  determining  on  peace  and  war. " 

By  the  existing  constitution  of  the  United  States,  it  is  pro 
vided  "that  Congress  shall  have  power  to  declare  war,  grant 
letters  of  marque  and  reprisal,"  etc. 

Now,  it  is  evident  that  by  omitting  to  deposit  with  Congress 
the  power  of  making  peace,  in  addition  to  the  power  of  declaring 
war,  the  framers  of  our  present  government  had  in  full  view  the 
division  of  its  department  and  the  corresponding  distribution  of 
its  powers. 

Congress,  under  the  confederation,  was  a  single  body,  and 

14 


202  APPENDICES. 

therefore  necessarily  possessed  of  all  the  little  legislative,  execu 
tive,  and  judicial  authority  which  the  States  had  been  pleased  to 
delegate  to  the  Union. 

The  government  of  the  United  States,  on  the  contrary,  is  a 
compound  system,  of  which  the  Congress  is  only  the  legislative 
department ;  and.  therefore,  the  executive  and  judicial  functions 
are  elsewhere  to  be  sought  for  and  exercised. 

Hence  it  is  that  although  the  power  of  declaring  war  is  (as  it 
ought  to  be)  left  with  Congress,  the  power  of  making  peace  is 
(as  it  ought  to  be)  transferred  to  the  executive;  being  a  natural 
appendage  of  the  general  power  of  making  treaties. 

This  deduction  serves  likewise  to  demonstrate  that  the  framers 
of  the  constitution  did  not  intend  to  leave  the  powers  that  are 
specifically  given  to  Congress  at  the  mercy  of  the  power  that  is 
generally  given  to  the  President  and  Senate.  By  expressing  a 
positive  jurisdiction  in  favor  of  the  former,  it  excludes  a  claim  of 
jurisdiction  in  favor  of  the  latter. 

(5)  Nor  is  it  in  the  power  of  making  treaties  only  that  the 
constitution  has  abridged  the  executive  department  of  its  cus 
tomary  attributes  in  order  to  augment  the  sources  of  legislative 
jurisdiction. 

In  Great  Britain  (for  instance),  the  executive  possesses  the 
power  of  making  peace  ;  of  granting  letters  of  marque  and  re 
prisal  ;  of  regulating  weights  and  measures ;  of  coining  money, 
regulating  the  value  thereof,  and  of  foreign  coins  ;  of  erecting 
courts  of  judicature  ;  of  conferring  the  rights  of  denizenship  on 
aliens,  etc.  etc. 

In  the  United  States,  the  power  for  all  those  purposes  is  abso 
lutely  vested  in  the  legislature. 

15.  On  reviewing  the  various  positions  that  have  been  taken 
in  the  course  of  these  strictures,  a  desire  is  felt  to  exhibit  the 
corroborative  opinions  of  men  who  have  been  justly  valued  by 
the  public.  It  will  be  useful  to  the  reader,  as  well  as  pleasing  to 
the  writer,  to  indulge  the  disposition  in  a  few  instances  and  in  a 
brief  manner. 

(1)  It  has  been  said  that  the  power  of  regulating  commerce 
belonged  to  Congress. 

The  report  of  Mr,  Mason  (a  member  of  the  federal  convention) 
on  that  subject  was  delivered  in  the  convention  of  Virginia  as 
follows:  "With  respect  to  commerce  and  navigation,  I  will  give 
you,  to  the  best  of  my  information,  the  history  of  that  affair. 
This  business  was  discussed  (in  the  convention)  at  Philadelphia 
for  four  months,  during  which  time  the  subject  of  commerce  and 
navigation  was  often  under  consideration  ;  and  I  assert  that  eight 
out  of  twelve,  for  more  than  three  months,  voted  for  requiring 
two-thirds  of  the  members  present  in  each  house  to  pass  com 
mercial  and  navigation  laws.  True  it  is  that  afterwards  it  was 


FEATURES   OF  MR.  JAY'S    TREATY.         203 

carried  by  a  majority  as  it  stands.  If  I  am  right,  there  was  a 
great  majority  for  two-thirds  of  the  States  in  this  business,  till  a 
compromise  took  place  between  the  northern  and  southern  States  ; 
the  northern  States  agreeing  to  the  temporary  importation  of 
slaves,  and  the  southern  States  conceding,  in  return,  that  navi 
gation  and  commercial  laws  should  be  on  the  footing  in  which 
they  now  stand." 

(2)  It  has  been  said  that  the  treaty-making  power  could  not 
cede  a  part  of  the  Union,  nor  surrender  a  citizen  to  be  punished 
as  a  pirate. 

The  opinion  of  Mr.  Randolph  (a  member  of  the  federal  con 
vention,  and  now  Secretary  of  State),  delivered  in  the  same  con 
vention,  contains  the  following  passage  :  "  I  conceive  that  neither 
the  life  nor  the  property  of  any  citizen,  nor  the  particular  right 
of  any  State,  can  be  affected  by  a  treaty." 

Mr.  Madison,  also,  justifying  and  recommending  the  adoption 
of  the  constitution  to  his  fellow-citizens,  says,  with  respect  to  the 
treaty-making  power:  "I  am  persuaded  that  when  this  power 
comes  to  be  thoroughly  and  candidly  viewed  it  will  be  found 
right  and  proper.  Does  it  follow,  because  this  power  is  given  to 
Congress,  that  it  is  absolute  and  unlimited?  I  do  not  conceive 
that  power  is  given  to  the  President  and  Senate  to  dismember 
the  empire  or  to  alienate  any  great,  essential  right.  I  do  not 
think  the  whole  legislative  authority  have  this  power.  The  ex 
ercise  of  the  power  must  be  consistent  with  the  object  of  the 
delegation." 

(3)  It  has  been  said  the  right  of  suspending  a  commercial 
intercourse  with  any  nation,  and  the  right  of  sequestering  an 
enemy's  property,  etc.,  were  rights  essential  to  an  independent 
government  and  recognized  by  the  law  of  nations. 

Vattel  contains  the  following,  among  many  other  passages, 
on  those  subjects : 

"Every  state  has  a  right  to  prohibit  the  entrance  of  foreign 
merchandise,  and  the  people  who  are  interested  have  no  right  to 
complain  of  it  as  if  they  had  been  refused  an  office  of  humanity." 
(B.  i.  c.  8,  f.  90.) 

"It  depends  on  the  will  of  any  nation  to  carry  on  commerce 
with  another,  or  to  let  it  alone. ""  (Ibid.,  f.  92.) 

"  The  goods  even  of  the  individuals  in  their  totality  ought  to 
be  considered  as  the  goods  of  the  nation  in  regard  to  other  states. 
From  an  immediate  consequence  of  this  principle,  if  one  nation 
has  a  right  to  any  part  of  the  goods  of  another  it  has  a  right  in 
differently  to  the  goods  of  the  citizens  of  that  part  till  the  dis 
charge  of  the  obligation."  (Ibid.,  f.  81,  82.) 

"  It  is  not  always  necessary  to  have  recourse  to  arms  in  order 
to  punish  a  nation  :  the  offended  may  take  from  it,  by  way  of 
punishment,  the  privileges  it  enjoys  in  his  dominions  ;  seize,  if 


204  APPENDICES. 

he  has  an  opportunity,  on  some  of  the  things  that  belong  to  it, 
and  detain  them  till  it  has  given  him  a  just  satisfaction."  (B.  ii. 
c.  28,  f.  340.) 

"  When  a  sovereign  is  not  satisfied  with  the  manner  in  which 
his  subjects  are  treated  by  the  laws  and  customs  of  another  na 
tion,  he  is  at  liberty  to  declare  that  he  will  treat  the  subjects  of  that 
nation  in  the  same  manner  that  his  are  treated."  (Ibid.,  f.  841.) 

(4)  It  has  been  said  that  the  constitution  ought  to  be  pre 
served  such  as  the  people  have  made  it ;  that,  of  course,  the  de 
partments  of  government  ought  to  be  kept  separate  and  distinct, 
each  revolving  in  its  proper  orbit,  and  that  no  other  judicial  tri 
bunal  could  be  erected  by  a  law  of  the  legislative  power,  much 
less  by  a  treaty  of  the  executive  power  than  what  the  consti 
tution  prescribes  or  expressly  permits. 

On  this  interesting  subject  we  fortunately  possess  the  opinions 
of  the  judges  of  the  supreme  court  and  of  the  judges  of  some  of 
the  district  courts  in  the  case  of  the  act  of  Congress  (already 
more  than  once  alluded  to),  which  they  have  unanimously  ad 
judged  to  be  unconstitutional  and  void. 

Extract  from  the  opinion  of  Judges  IREDELL  and  SITGREAVES  : 

"First.  That  the  legislative,  executive,  and  judicial  depart 
ments  are  each  formed  in  a  separate  and  independent  manner, 
and  that  the  ultimate  basis  of  each  is  the  constitution  only, 
within  the  limits  of  which  each  department  can  alone  justify 
any  act  of  authority. 

"Secondly.  That  the  legislature,  among  other  important  powers, 
unquestionably  possesses  that  of  establishing  courts  in  such  a 
manner  as  to  their  wisdom  shall  appear  best,  limited  by  the  terms 
of  the  constitution  only;  and  to  whatever  extent  that  power  may 
be  exercised,  or  however  severe  the  duty  they  may  think  proper  to 
require,  the  judges,  when  appointed  in  virtue  of  any  such  estab 
lishment,  owe  implicit  and  unreserved  obedience  to  it. 

"Thirdly.  That  at  the  same  time  such  courts  cannot  be  war 
ranted,  as  we  conceive,  by  virtue  of  that  part  of  the  constitution 
delegating  judicial  power,  for  the  exercise  of  which  any  act  of 
the  legislature  is  provided  in  exercising  (even  under  the  author 
ity  of  another  act)  any  power  not  in  its  nature  judicial,  or,  if 
judicial,  not  provided  for  upon  the  terms  the  constitution  requires. 

"Fourthly.  That  whatever  doubts  may  be  suggested,  whether 
the  power  in  question  is  properly  of  a  judicial  nature,  yet,  inas 
much  as  the  decision  of  the  court  is  not  made  final,  but  may  be 
at  least  suspended  in  its  operation  by  the  Secretary  at  War,  if 
he  shall  have  cause  to  suspect  imposition  or  mistake,  this  sub 
jects  the  decision  of  the  court  to  a  mode  of  revision  which  we 
consider  to  be  unwarranted  by  the  constitution.  For,  though 
Congress  may  certainly  establish,  in  instances  not  yet  provided 


FEATURES   OF  MR.  JAY'S    TREATY.        205 

for,  courts  of  appellate  jurisdiction,  yet  such  courts  must  consist 
of  judges  appointed  in  the  manner  the  constitution  requires,  and 
holding  their  offices  by  no  other  tenure  than  that  of  their  good 
behavior,  by  which  tenure  the  office  of  Secretary  at  War  is  not 
held;  and  we  beg  leave  to  add,  with  all  due  deference,  that  no 
decision  of  any  court  of  the  United  States  can,  under  any  cir 
cumstances,  in  our  opinion,  agreeably  to  the  constitution,  be  liable 
to  a  reversion,  or  even  suspension,  by  the  legislature  itself,  in 
whom  no  judicial  power  of  any  kind  appears  to  be  vested  but  the 
important  one  relative  to  impeachments." 

Extract  from  the  opinion  of  Judges  WILSON,  BLAIR,  and  PETERS  : 

"The  people  of  the  United  States  have  vested  in  Congress  all 
legislative  powers  granted  in  the  constitution. 

"  They  have  vested  in  one  supreme  court,  and  in  such  inferior 
courts  as  the  Congress  shall  establish,  the  judicial  power  of  the 
United  States. 

"It  is  worthy  of  remark  that  in  Congress  the  whole  legis 
lative  power  of  the  United  States  is  not  vested ;  an  important 
part  of  that  power  was  exercised  by  the  people  themselves  when 
they  '  ordained  and  established  the  constitution.' 

"This  constitution  is  the  'supreme  law  of  the  land.'  This 
supreme  law  '  all  judicial  officers  of  the  United  States  are  bound 
by  oath  or  affirmation  to  support.' 

"  It  is  a  principle  important  to  freedom  that,  in  government, 
the  judicial  should  be  distinct  from  and  independent  of  the  legis 
lative  department.  To  this  important  principle  the  people  of  the 
United  States,  in  forming  their  constitution,  have  manifested  the 
highest  regard. 

"  They  have  placed  their  judicial  power  not  in  Congress,  but  in 
'court*1.'  They  have  ordained  that  '  the  judges  of  those  courts 
shall  hold  their  offices  during  good  behavior;'  and  that  'during 
their  ontinuance  in  office  their  salaries  shall  not  be  diminished.' 

"  Congress  have  lately  passed  an  act '  to  regulate  (among  other 
things)  the  claims  to  invalid  pensions.' 

"Upon  due  consideration,  we  have  been  unanimously  of 
opinion  that,  under  this  act,  the  circuit  court,  held  for  the 
Pennsylvania  district,  could  not  proceed: 

"  First.  Because  the  business  directed  by  this  act  is  not  of  a 
judicial  nature.  It  forms  no  part  of  the  power  vested  by  the  con 
stitution  in  the  courts  of  the  United  States;  the  circuit  court  must, 
consequently,  have  proceeded  without  constitutional  authority. 

"  Secondly.  Because  if,  upon  that  business,  the  court  had  pro 
ceeded,  its  judgments  (for  its  opinions  are  its  judgments)  might, 
under  the  same  act,  have  been  revised  and  controlled  by  the 
legislature  and  by  an  officer  in  the  executive  department.  Such 
revision  and  control  we  deemed  radically  inconsistent  with  the 


206  APPENDICES. 

independence  of  that  judicial  power  which  is  vested  in  the 
courts;  and,  consequently,  with  that  important  principle  which 
is  so  strictly  observed  by  the  Constitution  of  the  United  States." 

Extract  from  the  opinion  of  Chief  Justice  JAY,  and  Judges 
GUSHING  and  DUANE  : 

"The  court  were  unanimously  of  opinion, 

"  First.  That  by  the  Constitution  of  the  United  States,  the 
government  thereof  is  divided  into  three  distinct  and  independent 
branches  ;  and  that  it  is  the  duty  of  each  to  abstain  from  and 
oppose  encroachments  on  either. 

"  Secondly.  That  neither  the  legislative  nor  the  executive 
branches  can  constitutionally  assign  to  the  judicial  any  duties, 
but  such  as  are  properly  judicial,  and  to 'be  performed  in  a 
judicial  manner. 

"  Thirdly.  That  the  duties  assigned  to  the  circuit  court  by 
the  act  in  question  are  not  of  that  description  ;  and  that  the  act 
itself  does  not  appear  to  contemplate  them  as  such  ;  inasmuch  as 
it  subjects  the  decision  of  these  courts,  made  pursuant  to  those 
duties,  first  to  the  consideration  and  suspension  of  the  Secretary 
at  War,  and  then  to  the  revision  of  the  legislature ;  whereas,  by 
the  constitution,  neither  the  Secretary  at  War  nor  any  other 
executive  officer,  nor  even  the  legislature,  are  authorized  to  sit 
as  a  court  of  errors  on  the  judicial  acts  or  opinions  of  this  court." 

SUCH,  upon  the  whole,  are  "  THE  FEATURES  OF  MR.  JAY'S 
TREATY."  It  was  not  intended  to  protract  this  sketch  of  them 
to  so  great  a  length  ;  and  yet  more  circumstances  are  recollected 
that  might  have  been  inserted  than  could,  upon  a  fair  reconsid 
eration,  be  retrenched.  If  it  shall,  in  any  degree,  serve  the  pur 
poses  of  truth,  by  leading,  through  the  medium  of  a  candid 
investigation,  to  a  fair,  honorable,  and  patriotic  decision,  the 
design  with  which  it  was  written  will  be  completely  accom 
plished,  whether  RATIFICATION  or  REJECTION  is  the  result. 

But  before  the  subject  is  closed,  let  the  citizens  of  the  Union 
'be  warned  from  too  credulous  an  indulgence  of  their  prejudices 
and  their  fears.  The  discordant  cry  of  party  is  loud  ;  and  the 
phantoms  of  war  assail  the  imagination  ;  yet,  let  us  not  be  de 
luded  by  stratagem  nor  vanquished  by  terror.  The  question  is 
not  a  question  between  party  and  party,  but  between  nation  and 
nation;  it  is  not  a  question  of  war  or  peace  between  military 
powers,  but  a  question  of  policy  and  interest  between  commercial 
rivals.  The  subject  is  too  momentous  to  be  treated  as  the  football 
of  contending  factions, — it  appeals  from  the  passions  to  the  judg 
ment,  from  the  selfishness  to  the  patriotism,  of  every  citizen ! 

That  the  British  treaty,  or  a  British  war,  is  a  necessary  al 
ternative,  will  be  more  fully  controverted  if  the  writer's  present 


COMMERCE   OF   THE    UNITED   STATES.    207 

intention  of  delineating  "  FEATURES  OF  THE  DEFENCE"  shall  be 
carried  into  effect.  But,  in  the  mean  time,  let  a  few  self-evident 
propositions  contribute  to  relieve  the  public  mind  from  the  weight 
of  that  apprehension. 

1.  The  disposition  of  Great  Britain,  manifested  by  the  order 
of  the  6th  of  November,  1793,  by  the  speech  of  Lord  Dorchester 
to  the  Indians,  and  by  the  repeated  invasions  made,  under  Gen 
eral  Simcoe's  authority,  upon  our  territory,  is  naturally  hostile  to 
the  United  States. 

2.  Even  if  the  United  States  could,  by  any  means,  soothe  and 
convert  that  disposition  into  amity  and  peace,  the  projected 
treaty  is  too  high  a  price  to  pay  for  such  a  change. 

3.  The  refusal  to  enter  into  the  projected  treaty  with  Great 
Britain  is  not  a  just  cause  of  war ;  and  if  a  pretence  only  is 
wanting,  it  may  be  found  in  the  toasts  at  our  festivals  as  well  as 
in  the  acts  of  our  government. 

4.  But  the  ratification  of  the  treaty  will  assuredly  give  um 
brage  to  another  nation — to  an  ancient  ally. 

5.  If  war  is   inevitable  either  with   Great  Britain  or  with 
France,  it  would  be  more  politic  for  the  state,  more  congenial  to 
the  sentiments  of  the  people,  to  engage  the  former  than  the  latter 
power. 

6.  In  case  of  a  war  with  Great  Britain,  we  have  assurance 
that  France  will  aid  us  with  all  the  energy  of  her  triumphant 
arms. 

7.  In  case  of  a  war  with  France,  we  ought  not  to  count  upon 
the  affections,  and  we  cannot  rely  upon  the  power,  of  Great 
Britain  to  befriend  us. 


(FROM  THE  PHILADELPHIA  GAZETTE.) 

View  of  the  Commerce  of  the   United  States  as  it  stands  at 
present  and  as  it  is  fixed  by  Mr.  Jay's  Treaty. 

1.  ACTUAL  STATE. — American  ships  from  Europe  enjoy  a  pro 
tecting  duty  of  ten  per  cent,  on  the  amount  of  duties  on  goods, 
wares,  and  merchandises  imported  into  the  United  States  in 
foreign  bottoms  from  Europe,  and  of  30  to  50  per  cent,  on  teas 
imported  in  foreign  bottoms  from  Asia  or  Europe,  paid  by  for 
eign  bottoms  more  than  is  paid  on  such  goods  imported  in  our 
own  vessels.  Foreign  bottoms  pay  also  44  cents  a  ton  on  every 
voyage  more  than  is  paid  by  American  shipping ;  all  which  had 
been  allowed  by  the  federal  government  to  encourage  American 
ship-builders,  mariners,  mechanics,  merchants,  and  farmers. 

1.  STATE  BY  TREATY. — By  treaty  America  cedes   to    Great 


208  APPENDICES. 

Britain  the  right  of  laying  duties  on  our  ships  in  Europe,  the 
West  Indies,  and  Asia  to  countervail  these,  and  engages  not  to 
increase  her  duties  on  tonnage  on  this  side  so  as  to  check  the 
exercise  of  this  right ;  in  consequence  British  ships  may  be  put, 
at  the  discretion  of  the  British  government,  on  exactly  the  same 
footing  as  American  ships  in  the  carrying  trade  of  Europe  and 
Asia. 

2.  ACTUAL  STATE. — American  ships  of  any  size  now  go  freely 
to  all  the  British  West  Indies,  sell  their  cargoes,  and  bring  re 
turns,  as  it  suits  them. 

2  STATE  BY  TREATY. — By  treaty  American  ships  are  to  be 
reduced  to  seventy  tons,  in  order  to  be  admitted  in  the  British 
West  Indies. 

3.  ACTUAL  STATE. — American  ships  may  now  freely  load  mo 
lasses,  sujrar,  coffee,  cocoa,  or  cotton  to  any  part  of  the  world 
from  the  United  States. 

3.  STATE  BY  TREATY. — By  treaty  American  ships  are  to  be 
totally  prohibited  this  commerce,  which  is  to  be  carried  on  under 
any  flag  but  theirs. 

4.  ACTUAL  STATE. — American  citizens  can  now  go  supercar 
goes  to  India,  settle  and  reside,  and  do  their  business  there. 

4.  STATE  BY  TREATY. — By  treaty  no  American    citizen   can 
settle  or  reside  in   these   ports,  or  go  into  the  interior  country, 
without  special  license  from   the   local  government,  who  may, 
under  color  of  this,  impose  what  obstacles  they  please  to  the 
commerce. 

5.  ACTUAL  STATE. — America  now  enjoys  the  right  of  regu 
lating  commerce,  so  as  to  encourage  one  nation  and  discourage 
another,  in  proportion   to   benefits  received  or  injuries  felt  re 
spectively. 

5.  STATE  BY  TREATY. — All  this  abandoned  by  the  treaty  so 
far  as  respects  Great  Britain  ;  no  duties  can  be  laid  on  British 
goods  but  what  must  apply  to  all  other  nations  from  whom  we 
import  goods;  no   embargoes   on   exports  to  British  ports  but 
what  must  apply  to  all  nations  alike. 

6.  ACTUAL   STATE. — American  ships  now  freely  navigate  to 
the   British   dominions  in  India,  and  from  thence  proceed  with 
cargoes  to  any  part  of  the  world. 

6.  STATE  BY  TREATY. — By  treaty  American  ships  are  admitted 
as  usual  into  the  British  ports  of  India,  but  prohibited  carrying 
any  return  cargoes  except  to  the  United  States  ;  prohibited  also 
from  the  coasting  trade  in  the  British  ports  of  India,  from  which 
they  were  not,  that  I  know  of,  before  excluded. 

7.  ACTUAL    STATE. — Timber   for  ship-building,  tar  or  rosin, 
copper  in  sheets,  sails,  hemp,  cordage,  and  generally  whatever 
may  serve  directly  to  the  equipment  of  vessels  not  contraband 
by  former  treaties  of  the  United  States. 


OP 
tJNIVERS 


COMMERCE    OF   THE    UNITED    STAT 

*T.  STATE  BY  TREATY.  —  All  these  articles  made  contraband  by 
this  treaty. 

8.  ACTUAL  STATE.  —  American  ships  carrying-  provisions,  by 
America  claimed  as  having  a  free  right  of  passage  to  the  ports 
of  their  destination. 

8.  STATE  BY  TREATY.  —  This  claim  now  apparently  waived  ; 
such    American  ships,  when  taken,  to  be  allowed  indemnity  of 
freight,  demurrage,  and  a  reasonable  mercantile  profit,  the  amount 
whereof  not  ascertained. 

9.  ACTUAL  STATE.  —  American  ports  open  to  prizes  made  on 
Britain  by  France,  and  America  possessed  of  the  liberty  to  grant 
similar  douceurs  to  other  nations,  as  she  sees  fit  in  future  com 
pacts  with  them. 

9.  STATE  BY  TREATY.  —  American  ports  now  opened  to  prizes 
taken   by  Britain   from   any  nation   except  France,  but  shut  to 
prizes   taken   from   Britain  by  Spain,   or  any  other  power  not 
favored  in  this  way  by  treaties  already  made;  of  course  discour 
aging  to   our  future   negotiations  with   all  powers,  France  and 
Britain  excepted. 

10.  ACTUAL  STATE.  —  American  ships  allowed  at  present  freely 
to  enter  British  ports  in  Europe,  the  West  Indies,  and  Asia,  but 
shut  out  from  the  seaports  of  Nova  Scotia  and  Canada, 

10.  STATE  BY  TREATY.  —  American  ships  allowed  to  go  into 
these  ports,  but  under    new  restrictions   of   size    in   the  West 
Indies,  and  of  latitude  of  trade  in  the   East  Indies;  the  ports 
of  Halifax,  Quebec,  etc.  still  shut  to  America. 

11.  ACTUAL  STATE.  —  American  ships  thus  partially  allowed 
entrance  into  British  ports. 

11.  STATE  BY  TREATY.  —  British  ships  allowed  universal  en 
trance  into  all  our  ports. 

12.  ACTUAL   STATE  —  American  ships  now   sail,  though  not 
under  naval  protection,  under  guarantee  of  all  the  British  effects 
possessed  here,  which  might  be  made  answerable  for  our  floating 
property,  if  unjustly  seized  on  by  Great  Britain  in  case  of  a  war, 
so  much  apprehended  by  the  Chamber  of  Commerce  of  New 
York. 

12  STATE  BY  TREATY.  —  By  treaty  American  ships  deprived 
of  this  guarantee  ;  sequestrations  or  confiscations  being  declared 
impolitic  and  unjust  when  applied  to  stocks,  or  banks,  or  debts, 
though  nothing  said  about  them  when  applied  to  ships  or  cargoes. 

13.  ACTUAL  STATE.  —  British    debts    now  recoverable    in  the 
federal  courts  of  the  United  States,  but  reposing  on  the  solvency 
of  the  debtors  only. 

13.  STATE  BY  TREATY.  —  By  treaty  a  new  court  of  commis 
sioners  opened  on  this  subject,  with  immense  power  and  guar 
antee  of  the  United  States,  who  must  meet,  indeed,  at  Phila 
delphia,  but  may  adjourn  where  they  please.  Nothing  said  of 


210  APPENDICES. 

debts  due  to  Americans  in   England,  if,  by  legal  impediments, 
prevented  from  recovery  there. 

14.   ACTUAL  STATE  — America  sends  Mr.  Jay  to  recover  re 
dress  for  spoliations  on  our  commerce  actually  sustained. 

14.  STATE  BY  TREATY. — By  treaty  a  court  of  commissioners 
opened,  who  are  to  sit  in  London,  without  power  of  adjournment, 
as  in   the  case  of  the  commission  for  debts.     Americans  must, 
therefore,  transport  themselves  and  claims  to  London,  and  em 
ploy  counsel  there,  to  recover  what  the  commissioners  shall  think 
fit  to  allow  them.     Admirable  compensation,  indeed  ! 

15.  ACTUAL  STATE — American  ships  much  plagued  by  British 
privateers. 

15.  STATE  BY  TREATY. — By  treaty  the  privateersmen  are  to 
give  £1500  to  £3000  sterling  security  for  their  good  behavior. 

16.  ACTUAL  STATE  — American  citizens  may  now  expatriate 
and  serve  in  foreign  countries. 

16.  STATE  BY  TREATY. — By  treaty  they  are  declared  pirates 
if  serving  against  Great  Britain  ;  but  no  provision  made  to  guard 
American  seamen  from  being  forced  to  serve  in  British  ships. 

17.  ACTUAL  STATE. — America  possesses   claims   to  a  large 
amount  on  account  of  negroes  carried  off,  and  the  western  posts 
detained  in  violation  of  the  treaty  of  1783. 

17.   STATE  BY  TREATY. — These  claims  all  waived  by  the  treaty, 
without  reference  to  the  merits  of  these  pretensions. 

The  casting  up  of  the  above  is  submitted  to  the  Chamber  of 
Commerce  of  New  York. 

Errors,  outstandings,  and  omissions  excepted. 

PHILADELPHIA,  July  27,  1795. 


No.  3. 

MEMORIAL   TO   LEGISLATURE   AGAINST  CALLING 
A  CONVENTION. 

To  the  Honorable  the  Senate  and  House  of  Representatives  of 
the  Commonwealth  of  Pennsylvania,  the  memorial  of  the  sub 
scribers,  citizens  of  the  said  Commonwealth,  most  respectfully 
represents  : 

That  your  memorialists  have  seen  with  alarm  and  regret  pro 
posals  recently  and  suddenly  sent  forth  and  pressed  upon  your 
consideration  for  calling  a  convention  with  the  avowed  intention 
of  altering  the  constitution  of  this  State. 


TO    THE  REPUBLICANS   OF  PENN'A.        211 

Your  memorialists  who,  in  common  with  their  fellow-citizens, 
have  for  nearly  fifteen  years  enjoyed  the  benefits  resulting  from 
our  present  system  of  government,  framed  by  the  wisdom,  adopted 
by  the  choice,  and  suited  to  the  character  of  the  people,  are  un 
able  to  discover  what  new  or  formidable  evils  have  arisen  to 
require  even  deliberation  or  a  change. 

We  now  enjoy  personal  liberty  ;  freedom  of  religion,  of  speak 
ing,  and  of  writing;  property  and  reputation  are  protected.  Some 
inconveniences  may  exist ;  but  they  are  within  the  reach  of 
remedy  from  the  constitutional  power  of  the  legislature. 

Believing  the  constitution  to  be  so  composed  and  organized  as 
fully  to  secure  all  the  objects  of  good  government,  and  seeing  no 
prospect  but  of  danger  in  a  project  of  innovation  which,  when 
required  by  no  evident  necessity,  can  lead  to  no  useful  end,  your 
memorialists,  solemnly  protesting  against  a  measure  the  perni 
cious  consequences  of  which  they  sincerely  deprecate,  rely  on  the 
virtue  and  patriotism  of  the  Senate  and  House  of  Representatives 
to  preserve  their  country  from  the  impending  evil,  and  confidently 
hope  they  will  firmly  reject  whatever  application  may  be  made  for 
assembling  a  convention  having  for  its  object  any  change  in  the 
Constitution  of  Pennsylvania. 

And  your  memorialists,  etc. 


ADDRESS  TO  THE  REPUBLICANS  OF  PENNSYLVANIA. 

FRIENDS  AND  FELLOW-CITIZENS, — After  an  arduous  contest  in 
support  of  those  principles  of  civil  liberty  to  which  the  Revolu 
tion  gave  birth,  during  the  first  period  of  a  triumph  that  con 
ferred  the  executive  and  legislative  authority  of  the  nation  upon 
patriots  of  our  own  choice,  while  the  character  of  the  American 
people  and  of  their  government  is  rising,  with  unrivalled  lustre, 
in  the  estimation  of  the  wise  and  the  good  throughout  the  world, 
and  in  the  ripe  season  of  domestic  prosperity,  presenting  its  bless 
ings  as  the  reward  of  virtue  and  industry,  without  distinction  of 
persons,  places,  and  pursuits,  who  can  hear  without  surprise  the 
cry  of  social  discontent,  or  view  without  apprehension  a  spirit  of 
political  innovation  ?  But  the  painful  crisis  has  arrived  !  Amidst 
all  our  inducements  to  preserve  harmony  and  peace,  the  standard 
of  discord  has  been  wantonly  unfurled.  By  specious  tales  of 
imaginary  wrongs,  you  have  been  urged  to  doubt  the  reality  of 
the  happiness  you  enjoy.  In  the  hope  of  substituting  the  glitter 
of  impracticable  theories  for  the  steady  light  of  experience,  the 
fundamental  laws  and  constitutions  of  the  kind  are  assailed.  The 


212  APPENDICES. 

wreath  of  honor  placed  by  yourselves  upon  the  brow  of  sages 
and  of  chiefs  is  rudely  violated  by  strange  and  obtrusive  hands. 
And  the  Republican  party  of  Pennsylvania,  outrunning  the  op 
probrious  predictions  of  its  enemies,  seems  eager  to  become  the 
speedy  instrument  of  its  own  destruction. 

The  evil,  thus  distinctly  traced,  is  great ;  but,  fellow-citi 
zens,  it  is  not  incurable.  Reflecting  upon  the  origin  and  process 
of  the  schemes  to  subvert  our  government  and  to  degrade  our 
patriots ;  the  motives,  the  means,  and  the  number  of  its  authors 
and  supporters;  the  very  nature  of  the  influence  which  has  be 
guiled  some  honest  and  respectable  citizens  to  its  aid ;  and  the 
irresistible  force  of  reason  and  truth  in  developing  the  fatal  con 
sequences  with  which  it  teems,  you  will  be  convinced  that  there 
is  yet  safety  by  an  appeal  to  the  virtue,  intelligence,  and  power 
of  the  people.  In  countries  whose  overgrown  population  is 
tainted  with  crimes  and  enervated  by  want,  where  the  inequali 
ties  of  property  and  of  rank  produce  envy  on  the  one  hand  and  con 
tumely  on  the  other,  where  labor  has  no  excitement  for  its  move 
ments  nor  any  security  for  its  accumulations,  and  where,  in  a 
struggle  to  be  emancipated  from  oppression,  the  end  is  deemed  a 
sufficient  sanction  for  all  the  means  that  can  be  employed  to  at 
tain  it,  the  smallest  spark  of  political  enthusiasm  naturally  kin 
dles  into  a  blaze,  and  the  public  tranquillity  is  forever  held  at 
the  mercy  of  individuals  sanguine,  bold,  and  aspiring.  Far  dif 
ferent,  however,  is  the  condition  of  Pennsylvania,  where  no  ma 
terial  change  can  be  projected  without  involving  the  hazard  of  a 
material  injury;  and  the  people,  neither  insensible  to  the  boun 
ties  of  Providence  nor  regardless  of  the  dictates  of  prudence, 
will  hear,  examine,  and  decide  for  themselves.  Encountering 
this  ordeal,  the  clamor  which  has  been  suddenly  raised  must  as 
rapidly  pass  away,  and,  like  a  summer's  storm,  serve  only,  by  its 
concussion,  to  purify  and  enliven  the  political  atmosphere. 

Behold,  then,  fellow-citizens,  in  the  history  of  the  existing 
crisis,  as  well  the  ground  of  consolation  as  the  source  of  your 
affliction.  During  the  memorable  period  in  which  the  Repub 
lican  party  strove  to  rescue  our  civil  institutions  from  danger, 
and  to  enforce  the  right  of  participation  in  the  service  and  honors 
of  our  country,  a  principle  of  concert  and  conciliation  gave  life 
and  confidence  and  effect  to  all  our  plans  and  operations.  But 
no  sooner  were  the  stations  of  power  and  patronage  occupied  by 
distinguished  Republicans;  scarcely  had  the  auspicious  inaugu 
ration  of  1801  been  celebrated,  nor  indeed  had  the  toils  of  the 
recent  conflict  ceased  to  require  relaxation  and  repose,  when 
symptoms  of  ambition  and  intrigue,  of  jealousy  and  discontent, 
of  disunion  and  disorder,  awakened  the  patriotic  mind  to  a  sense 
of  new  troubles  and  new  sorrows.  The  distinction,  then,  became 
obvious  between  those  Republicans  who  had  fought  for  the  cause 


TO    THE   REPUBLICANS    OF  PENN'A.       213 

and  those  who  had  only  fought  for  themselves.  With  some 
merit,  on  the  score  of  service,  but  with  more  pretension,  from  the 
desire  of  remuneration,  a  small  but  active  combination  of  mal 
contents  was  formed  to  influence  or  control  the  measures  of  gov 
ernment;  and  these  men  (in  their  career  presumptuous,  intrepid, 
and  persevering)  have  deemed  no  claim  too  extravagant  to  be 
advanced  ;  no  artifice  too  mean  to  be  employed ;  no  obstacle  too 
great  to  be  surmounted.  While  they  have  marked,  for  popular 
scorn  and  suspicion,  every  other  citizen  in  public  employment, 
their  business  and  pleasure  and  pride  have  been  the  designa 
tion  of  offices  for  themselves  and  the  hungry  circle  of  their  ad 
herents.  The  highest  have  not  been  above  the  soarings  of  their 
vanity,  nor  are  the  lowest  beneath  the  cravings  of  their  indi 
gence.  The  cabinet  of  state  and  the  direction  of  a  bank,  the 
desk  of  the  customs  and  the  bench  of  a  court,  the  magistracy 
of  a  city  and  the  clerkships  of  a  department,  contracts  for  pub 
lic  supplies  and  agencies  for  charitable  institutions,  military  com 
missions  and  medical  appointments,  have  been  alike  the  aim,  the 
hope,  or  the  solace  of  their  labors. 

Although  the  objects  of  the  combination  which  we  deprecate 
may  be  thus  regarded  as  single  (the  self-aggrandizement  of  its 
members),  the  arts  that  have  been  practised  to  accomplish  it  have 
been  numerous  and  diversified.  When  the  issue  of  our  elections 
had  destined  the  reins  of  government  for  Republican  hands,  it  was 
seen  and  felt  by  the  genuine  friends  of  the  rising  administration 
that  a  dignified  execution  of  the  trust  would  be  embarrassed  by 
expectations  which  justice  could  not  warrant,  by  solicitations  which 
reason  was  unable  to  satisfy,  and  by  suggestions  which  an  en 
lightened  policy  could  not  fail  to  condemn.  The  indications  of 
this  perturbed  and  prowling  spirit  preceded  the  first  official  act 
of  the  new  administration ;  and  measures  to  be  adopted  were 
delineated  by  a  bold  and  specious  anticipation,  that  offered,  in  the 
form  of  a  conjecture,  what  was  meant  to  be  prescribed  as  a  task. 
While  the  great  body  of  the  Republicans,  aware  that  their  po 
sition  did  not  afford  a  view  of  the  whole  of  the  political  ground, 
left  the  arrangements  of  state  and  the  work  of  reformation  im 
plicitly  to  their  illustrious  chief  and  his  associates,  the  malcon 
tents  pressed  with  increasing  vehemence  on  the  councils  of  the 
nation.  Sometimes  they  endeavored  to  attract  attention  by  florid 
representations  of  their  own  personal  worth  and  civic  popularity. 
At  other  times  they  have  sought  to  elevate  themselves  by  depre 
ciating  the  character  of  every  real  or  supposed  competitor.  On 
one  occasion  you  have  seen  them  magnify  the  hasty  opinion  of  a 
few  inhabitants  of  a  few  wards  of  the  city  into  a  deliberate  ex 
pression  of  the  wish  of  the  people.  On  another  occasion  they 
have  been  detected  in  divulging  plots  which  were  never  conceived, 
and  in  branding  as  conspirators  against  the  fame  and  fortunes  of 


214  APPENDICES. 

the  chief  magistrate  men  who  would  cheerfully  expose  their  lives 
for  the  vindication  of  his  principles  and  the  advancement  of  his 
happiness.  The  whole  machinery  of  confidential  letters,  essays 
upon  the  state  of  parties,  anonymous  hints,  admonitions,  and 
accusations  has  been  set  in  motion.  The  petty  incidents  of  pri 
vate  life  and  the  momentary  asperities  of  private  altercation, 
mutilated  scraps  of  conversation  and  sudden  ebullitions  of  passion 
have  been  obtruded,  from  the  recesses  of  a  malignant  memory, 
upon  the  public  ear  ;  and  indeed  it  was  once  vainly  thought  that 
favor  might  be  achieved  by  an  attempt  to  sow  the  seeds  of  dis 
union,  even  within  the  hallowed  precincts  of  the  capitol. 

But,  baffled  in  every  scheme  and  disappointed  in  every  wish, 
mortified  with  contempt  and  exasperated  by  despair,  the  mal 
contents  resolved  to  coerce  whom  they  could  not  persuade,  and 
to  ruin  what  they  could  not  enjoy.  They  quickly,  therefore,  ex 
changed  the  arts  of  solicitation  and  deception  for  the  weapons  of 
denunciation  and  terror,  transferring  their  principal  scene  of  action 
from  Washington  to  Philadelphia,  where  the  Press,  which  had 
obtained  a  matchless  celebrity  under  the  guidance  of  its  able  and 
upright  founder,  was  devoted  by  its  present  proprietor  to  all 
their  passions  and  projects.  A  few  leading  members  of  the 
General  Assembly,  honest  perhaps,  fascinated  by  the  mischiev 
ous  and  glowing  speculations  of  Godwin,  were  also  enlisted  in 
their  cause,  and  undertook  sometimes  to  act  in  the  name  of  the 
legislature,  just  as  the  malcontents  themselves  have  always 
presumed  to  act  in  the  name  of  the  people.  The  plausible 
pretext  of  redress  of  grievances  and  a  reformation  of  abuses 
naturally  operated  upon  weak  though  worthy  men  in  a  small 
degree  to  augment  their  numbers,  while  the  desperate  and  the 
dissolute  (to  whom  any  change  is  preferable  to  the  continuance 
of  order)  listened  with  delight  to  the  sound  of  the  revolutionary 
tocsin. 

Thus  composed  and  thus  prepared,  the  malcontents  commenced 
the  work  of  devastation  upon  our  public  characters  and  public  in 
stitutions,  boasting,  without  shame  or  compunction,  that  in  the 
prosecution  of  their  designs  the  merit  of  past  services  should  be 
obliterated ;  the  hope  of  future  usefulness  should  be  blighted ;  every 
feeling  of  friendship,  every  claim  of  gratitude,  every  tie  of  domestic 
affection,  should  be  disregarded  and  subdued.  Although  they 
still  wore  a  mask  of  respect  towards  the  chief  magistrate  of  the 
Union,  the  members  of  his  cabinet  (the  inmates  of  his  heart  as  well 
as  the  partners  of  his  toil)  have  been  successively  libelled  by  their 
newspaper  squibs  or  stigmatized  in  their  toasts  at  a  festival. 
They  have  sentenced  a  Republican  majority  in  Congress  to  the 
grossest  imputations  of  corruption.  In  terms  of  unequivocal 
import  they  have  charged  eleven  Republican  senators  of  Penn 
sylvania  with  perjury  while  deciding  in  a  judicial  capacity.  An 


TO    THE   REPUBLICANS   OF  PENN'A.       215 

opposition  to  the  candidate  whom  they  delight  to  honor,  or  to  a 
measure  which  they  are  pleased,  without  consultation,  to  propose, 
has  never  failed  to  open  the  sluices  of  scurrility  and  defamation 
upon  veterans  of  the  Revolution  and  Republicans  of  the  day  of 
trial.  In  the  lust  of  power,  in  the  rage  of  proscription,  the  ex 
ercise  of  the  equal  right  of  opinion  at  political  meetings  has 
either  been  overawed  by  boisterous  menaces  or  frustrated  by 
clandestine  combinations.  The  essential  rules  of  discipline  have 
been  violated  in  the  military  corps  to  which  they  belong ;  while 
men  wearing  the  garb  and  claiming  the  name  of  soldiers  have 
refused  obedience,  on  a  political  pretext,  to  the  orders  of  their 
commander,  leaving  him  no  refuge  from  intolerable  disgrace  but 
an  indignant  resignation  of  his  commission.  For  maintaining 
the  freedom  of  election  (that  vital  principle  of  a  republican  gov 
ernment  guaranteed  by  the  constitution  and  laws  against  every 
species  of  influence  and  outrage)  Republicans  have  been  de 
prived  of  petty  offices  under  the  city  corporation.  Nay,  de 
scending  to  the  humble  sphere  of  persecution,  a  long  list  of  tried 
and  inflexible  Republicans  have  been  expelled  without  a  hearing 
from  a  popular  society,  charged  with  the  inexplicable  crime  of 
suspicion  or  attainted  of  a  contumacious  opposition  to  the  elec 
tion  of  the  member  of  Congress  presiding  at  their  expulsion.  In 
short,  who  has  not  felt,  or  does  not  fear  to  feel,  the  goad  and  the 
lash  of  the  present  usurpation  ?  To  the  elevation  of  bad  men, 
the  prostration  of  good  men  has  always  been  found  a  necessary 
prelude.  The  Gironde  of  Brissot  formed  a  base  for  the  mount 
ain  of  Robespierre.  The  worst  views  of  faction,  too,  are  gen 
erally  pursued  under  professions  of  the  best.  And  the  citizens 
of  America  begin  at  length  to  perceive  that  advantage  has  been 
taken  of  their  just  veneration  for  the  liberty  of  the  press  to 
shackle  them  with  the  tvranny  of  printers. 

But  it  early  occurred  to  the  malcontents  that  this  system  of 
denunciation  could  not  be  supported  by  the  mere  weight  of  their 
own  authority.  Many  citizens  who  were  the  objects  of  their 
enmity  bore  honorable  marks  of  service  in  the  war  of  independ 
ence  ;  many  had  grown  gray  with  the  solicitudes  of  public  council ; 
most  of  them  were  attached  to  the  soil  by  the  ties  of  parentage, 
of  offspring,  or  of  property ;  and  all  of  them  had  contributed  to 
the  triumph  of  republicanism.  A  generous  people  may  be  vigi 
lant,  but  they  cannot  be  suspicious  ;  before  they  decide  they  will 
examine  ;  before  they  inflict  punishment  they  must  be  convinced 
that  there  exists  guilt.  It  was  natural,  therefore,  to  expect  an 
inquiry  why  men  who  had  been  firm  and  faithful  throughout  the 
gloomy  season  of  privation  and  suffering,  should  abruptly  aban 
don  their  principle  and  their  party  when  all  was  sunshine,  hilarity, 
and  enjoyment.  To  escape  from  the  difficulty  of  answering  this 
question,  the  malcontents  dexterously  raised  the  phantom  of  a 


216  APPENDICES. 

third  party  !  It  is  obvious,  however,  that  while  the  rapid  pro 
gress  of  their  denunciation  presents  numbers  sufficient  to  con 
stitute  an  independent  political  corps,  their  ingenuity  has  been 
exerted  in  vain  to  assign  an  adequate  motive  for  its  formation  ; 
nor  has  their  zeal  been  more  successful  in  discovering  any  proofs 
of  its  existence.  For  though  the  public  have  been  long  amused 
by  a  succession  of  promises  to  unveil  "treasons,  stratagems,  and 
spoils,"  what  has  been  heard  in  performance  of  those  promises 
except  the  ravings  of  ambition  and  the  ribaldry  of  nicknames  ? 
Thus  to  oppose  a  candidate  pertinaciously  nominated  by  the  lead 
ing  malcontents  has  been  deemed  an  inexpiable  heresy,  although 
a  Republican  was  his  competitor.  A  refusal  to  acquiesce  in  the 
decision  of  the  malcontents  at  a  popular  meeting  has  been  ar 
raigned  as  apostasy,  although  the  decision  was  surreptitiously 
obtained.  A  verdict  for  the  acquittal  of  judges  whom  the  mal 
contents  had  foredoomed  to  conviction  has  been  stigmatized  as 
political  defection,  although  it  was  delivered  in  favor  of  innocence 
under  the  solemnity  of  an  oath.  In  short,  every  freeman  who 
was  unwilling  to  yield  passive  obedience  to  the  mandates  of  a 
secret  tribunal  and  to  sacrifice  substantial  benefits  for  airy  nov 
elty  ;  who  would  not  applaud  characters  that  he  did  not  approve, 
nor  vindicate  measures  that  he  never  advised;  who  disdained  to 
carry  the  prejudices  of  party  into  the  circles  of  social  life,  or  to 
declare  all  learning,  learned  men,  and  good  manners  hostile  to 
the  dignity  of  republican  virtue, — the  malcontents  have  arbitrarily 
enrolled  as  a  Quid  or  a  Federalist,  a  traitor  or  a  Tory ;  involving 
them  all  at  last  (under  the  auspices  of  General  Steele  and  Mr. 
Mitchell)  in  a  comprehensive  proscription  of  "  the  Constitutional 
Republicans.'1'  But  here  let  it  be  explicitly  announced,  that  if 
to  differ  at  this  period  in  opinion  and  feeling,  in  theory  and  prac 
tice,  from  the  malcontents  can  furnish  the  foundation  of  a  third 
party,  we  shall  rather  boast  than  blush  at  the  imputation  of  be 
longing  to  it.  For,  as  the  malcontents  have  widely  wandered 
from  the  political  ground  on  which  we  once  acted  together,  our 
last  great  hope  (repeating  the  sentiment  of  1801)  is  "an  union 
of  honest  men  on  the  principles  which  led  Washington  to  the  field 
and  placed  Jefferson  in  the  cabinet." 

Having  traced  the  malcontents  through  the  windings  of  sinis 
ter  intrigue  and  personal  detraction,  we  proceed,  with  increasing 
indignation,  to  review  their  daring  and  sacrilegious  efforts  against 
the  civil  institutions  of  our  country.  On  a  vain  presumption 
that  the  establishment  of  their  own  influence  had  been  the  neces 
sary  consequence  of  undermining  the  influence  of  others,  it  was 
thought  easy  to  consummate  the  work  of  destruction  by  employ 
ing  the  same  arts  to  decry  principles  which  they  had  hitherto 
employed  to  disgrace  men.  Resorting,  therefore,  to  all  that 
could  excite  passion  or  rivet  prejudice ;  to  all  that  could  stimu- 


TO    THE  REPUBLICANS    OF  PENN'A.       217 

late  fear  or  attract  credulity,  they  have  exposed  the  form  and 
substance  of  our  government,  the  code  of  our  laws,  the  system 
of  our  jurisprudence,  and  the  administration  of  justice,  through  a 
false  and  deceptive  medium,  to  the  scorn  and  detestation  of  the 
world.  Whatever  was  prepared  for  us  by  our  venerable  ancestors 
is  ridiculed  as  obsolete;  whatever  is  the  production  of  cotcmporary 
wisdom  is  branded  with  corruption.  The  patriots  of  America 
are  supposed  to  have  been  ignorant  of  the  true  interests  of  their 
country,  and  her  statesmen  are  reproached  with  a  treacherous 
contempt  of  the  rights  of  man  ;  while  the  impious  and  visionary 
standard  of  human  perfectibility  is  proclaimed  to  be  the  only 
rational  guide  in  the  formation  of  a  free  government,  and  the  mal 
contents  themselves  to  be  the  only  qualified  rulers  of  a  free  people. 

Under  the  impulse  of  these  dogmas,  and  with  a  view  to  the 
introduction  of  wild,  pernicious,  and  unheard-of  schemes  of  legis 
lation  and  politics, 

The  malcontents  have  endeavored  to  deprive  us  of  the  inesti 
mable  right  of  the  trial  by  jury  in  cases  of  trespass  and  damages, 
as  well  as  in  cases  of  debt  and  contract. 

They  have  endeavored  to  deprive  us  of  the  security  of  inde 
pendent  judges;  of  judges  independent  of  popularity  and  perse 
cution,  as  well  as  of  power  and  patronage. 

They  have  endeavored  to  deprive  us  of  the  sanctuary  of  the 
courts  of  justice  where  publicity  will  always  insure  impartiality  ; 
substituting  the  private  chamber  of  an  individual  justice  where 
secrecy  too  often  encourages  oppression  and  begets  impunity. 

They  have  endeavored  to  deprive  us  of  the  freedom  of  election 
by  a  display  of  the  terrors  of  denunciation  and  proscription, 
threatening  the  good  man  with  the  loss  of  character,  and  the  poor 
man  with  the  loss  of  office. 

They  have  endeavored  to  deprive  us  of  the  liberty  of  the  press 
by  denying  to  Republicans  the  usual  channels  of  public  commu 
nication. 

They  have  endeavored  to  deprive  us  of  the  honors  of  a  well- 
organized  militia  by  flagrant  examples  of  disobedience,  contu 
macy,  and  disorder. 

They  have  endeavored  to  deprive  us  of  the  benefits  of  the 
common  law  of  Pennsylvania,  as  recognized,  approved,  and  con 
firmed  by  the  Whigs  of  1776. 

They  are  endeavoring  to  overthrow  the  State  constitution, 
involving  in  its  ruins  the  order  of  society  and  the  principle  of 
republicanism. 

And  finally,  they  are  endeavoring,  through  the  influence  and 
example  of  Pennsylvania,  to  subvert  the  federal  constitution  at 
the  hazard  of  civil  war  and  a  dissolution  of  the  Union. 

Such,  fellow-citizens,  is  the  crisis  at  which  your  decision  is  re 
quired  upon  the  great  questions — 

15 


218  APPENDICES. 

Whether  a  convention  shall  be  called  ?  and  whether  the  present 
governor  shall  be  re-elected  ? 

The  inalienable  right  of  the  people  to  assemble  for  the  altera 
tion  or  abolition  of  their  form  of  government,  and  the  absolute 
authority  of  the  citizens  to  select  whom  they  please  for  their 
chief  magistrate,  have  never  been  denied,  and  ought  not  to  be 
resisted.  But  the  possession  of  the  right  and  the  authority 
bespeaks  discretion  and  justice  in  using  them  ;  and  it  would  be  dis 
graceful  as  well  as  destructive  to  yield  that  obedience  to  the  cry  of 
faction  which  is  due  alone  to  the  legitimate  voice  of  the  people. 

Here,  then,  let  us  ask  what  is  the  evidence  of  the  public  senti 
ment,  what  is  the  test  of  the  public  interest,  on  the  important  sub 
jects  before  you?  As  the  late  session  of  the  General  Assembly 
was  drawing  to  a  close,  the  ultimate  plot  to  subvert  the  consti 
tution  of  the  State  was  deemed  mature  for  execution,  and  meas 
ures  were  accordingly  taken  to  obtain  signatures  to  a  petition  for 
the  call  of  a  convention.  But  this  petition  (and  we  appeal  to  the 
inhabitants  of  every  county  for  a  corroboration  of  the  fact)  did 
not  originate  with  the  people  in  thought,  word,  or  deed  ;•  nor  has 
any  individual  been  yet  bold  enough  to  avow  himself  the  pre 
sumptuous  author.  Issuing, however,  from  the  secret  tribunal 
of  the  malcontents,  it  was  clandestinely  and  partially  circulated 
in  the  remote  districts  of  Cumberland,  Washington,  Franklin, 
Northumberland,  and  Mifflin;  while  in  the  city  and  the  populous 
middle  counties  it  was  seen  only  by  a  few  confidential  persons, 
until  the  publication  of  the  eighteenth  of  February  last  made  a 
full  disclosure  of  its  contents  to  the  astonished  and  insulted  com 
munity.  The  object  being  merely  to  catch  the  semblance  of  a 
popular  wish  for  a  convention,  and  the  snare  for  that  purpose 
being  thus  artfully  set,  the  malcontents  seemed  for  awhile  to  be 
devoid  of  every  apprehension  of  a  defeat,  and  openly  made  ar 
rangements  for  the  enjoyment  of  a  victory.  In  the  House  of 
Representatives  a  grand  committee  was  appointed  to  receive  the 
solicited  petitions.  Before  a  single  petition  was  presented,  legis 
lative  business  of  great  moment  (particularly  a  bill  to  alter  the 
law  respecting  contempts  of  court)  was  laid  aside,  under  the 
declaration  of  a  leading  character  that  "  the  approaching  conven 
tion  superseded  the  necessity  of  acting  upon  it."  The  correspond 
ence  of  the  members  in  favor  of  a  convention  invited  support 
from  their  friends,  evidently  contemplating  an  immediate  call, 
and  forgetting  that  their  sacred  trust  was  conferred  to  preserve, 
not  to  destroy,  the  constitution ;  while  the  correspondence  of 
their  opponents  anxiously  claimed  an  expression  of  the  sense  of 
their  constituents  to  avert  the  danger  of  an  immediate  dissolu 
tion  of  the  government.  The  press  likewise  prematurely  con 
sidered  the  event  as  realized ;  for  there  the  time  of  assembling  the 
convention  was  actually  referred  to  the  month  of  August, — the 


TO    THE   REPUBLICANS    OF  PENN'A.        219 

place  of  meeting  was  designated  at  Harrisburg,  and  merchants 
and  lawyers,  men  of  education  and  men  of  wealth,  were  indis 
criminately  excluded  from  the  honors  of  the  sitting. 

But  these  visions  of  disturbed  and  sickly  imaginations  were 
suddenly  dispelled.  Our  fellow-citizens,  of  every  political  de 
scription,  feeling,  at  length,  the  necessity  of  a  prompt  interpo 
sition,  hastened  to  rally  round  the  constitution  as  the  ark  of  their 
common  safety;  and  now  the  malcontents  beheld,  with  terror  and 
dismay,  the  people,  whose  name  they  had  craftily  assumed  and 
whose  indignation  they  had  justly  excited,  rising  in  the  native 
majesty  of  their  power  and  their  virtue  to  vindicate  the  dominion 
of  the  laws.  In  the  course  of  a  few  days,  by  a  spontaneous 
subscription,  the  list  of  remonstrants  considerably  exceeded  the 
list  of  names  which  had  been  collected  during  a  long,  industrious, 
and  secret  circulation  of  the  petition  ;  and  when  the  report  of  the 
grand  committee  was  discussed,  the  comparative  numbers  were 
4944  petitioners  and  5590  remonstrants,  exhibiting  to  the  actual 
view  of  the  legislature  a  majority  of  646  against  the  call  of  a 
convention,  independent  of  thousands  who  could  not  transmit 
their  remonstrances  to  the  seat  of  government  before  the  termi 
nation  of  the  session. 

Though  the  malcontents  had  themselves  appealed  to  the  com 
munity,  though  they  had  loudly  deprecated  every  species  of  re 
sistance  to  the  sense  of  a  majority,  and  though  they  did  not  dare, 
under  such  circumstances,  to  summon  a  convention  upon  their 
own  responsibility  or  under  the  authoritative  name  of  the  people, 
yet  they  could  not  patiently  acquiesce  in  a  result  so  fatal  to  their 
personal  and  political  speculations.  The  recent  expression  of 
the  public  sentiment  could  not  be  revoked  or  suppressed,  but 
they  thought  it  might  be  evaded.  The  freemen  of  Pennsylvania 
did  not  wish  to  alter  their  government  as  a  benefit  to  themselves, 
but  it  was  thought  that  they  might  be  induced  to  alter  it  as  a 
favor  to  their  friends.  The  gratitude,  as  well  as  the  policy  of 
the  State,  forbade  the  degradation  of  her  chief  magistrate  ;  but 
it  was  thought  that  the  inconstancy  and  credulity  of  human  na 
ture  would  furnish  instruments  to  accomplish  it.  To  these  and 
similar  suggestions  can  alone  be  ascribed  the  extraordinary  trans 
actions  which  succeeded  the  failure  of  the  project  for  an  imme 
diate  call  of  a  convention.  The  same  principle  that  commands 
obedience  to  the  sovereignty  of  the  people  must  always  insure 
respect  towards  the  depositaries  of  their  authority ;  but  we  can 
no  more  regard  a  few  members  of  the  legislature  as  the  legis 
lature  itself  than  we  can  regard  a  few  malcontents  as  the  body 
of  the  nation.  We  saw,  therefore,  with  regret — but,  we  repeat, 
without  apprehension — that  even  some  men,  who  wore  the  legis 
lative  honors  of  their  country,  appeared  at  that  time  to  under 
take  the  direction  of  the  revolutionary  engine.  The  House  of 


220  APPENDICES. 

Representatives,  too,  under  their  influence,  assumed  a  tone  of  su 
periority,  and  eventually  monopolized  the  legislative  character 
of  the  State  ;  for  the  memorials,  recommending-  as  well  as  op 
posing  the  call  of  a  convention,  were  addressed  to  both  branches 
of  the  General  Assembly  (to  the  Senate  as  well  as  to  the  House 
of  Representatives);  but  the  House  of  Representatives  alone 
received  and  considered,  approved  or  condemned,  denying  to  the 
Senate  all  information  upon  the  subject  and  all  participation  in 
the  decision.  In  this  paroxysm  of  revolutionary  zeal,  the  report 
of  the  grand  committee  was  produced,  bearing  indelible  marks  of 
the  disappointment  and  chagrin  of  its  authors.  Contrary  to  the 
approved  maxims  of  republican  legislation,  and  in  contempt  of  the 
exclusive  right  of  the  people  to  originate  every  change  in  their 
government,  the  report  controverts  and  derides  the  sentiments  of 
the  majority,  applauds  and  enforces  the  sentiments  of  the  minority, 
propounds  abstract  principles  which  no  honest  man  will  dispute, 
draws  practical  conclusions  which  no  wise  man  can  admit,  repu 
diates  the  constitution  for  supposititious  abuses  or  imaginary  de 
fects,  and  finally,  solicits  the  agency  of  a  convention  to  organize  a 
political  millennium  upon  the  ideal  scale  of  human  perfectibility  ! 

But  here  let  us  pause  for  awhile  to  recapitulate  the  various 
pretexts  which  have  been  used  as  a  cover  for  the  real  designs  of 
the  malcontents,  and  as  an  excuse  for  the  unauthorized  inter 
position  of  a  majority  of  one  of  the  legislative  chambers. 

1.  It  has  been  said,  in  general  terms  of  reprobation,  that  the  con 
stitution  is  defective  ;  but  as  it  would  be  idle  to  expect  a  perfect 
work  from  the  hands  of  imperfect  man,  the  remark  carries  with  it 
neither  censure  nor  information.  It  may  certainly  be  applied  to 
every  other  form  of  government,  past  or  present;  and  we  shall 
only  indulge  a  pernicious  vanity  if  we  suppose  that  it  will  not  be 
equally  applicable  to  every  future  effort  of  human  invention.  But 
the  Constitution  of  Pennsylvania  was  constructed  on  the  model  of 
the  Constitution  of  the  United  States,  and  has  itself  become  a 
model  for  the  constitutions  of  several  of  our  sister  States.  Its  basis 
and  its  superstructure  are,  however,  pre-eminently  democratic  ; 
for,  while  other  constitutions  exact  the  qualification  of  property 
from  electors  as  well  as  candidates,  and  transfer  the  choice  of  a 
governor  from  the  people  to  a  department  of  the  government, 
the  Constitution  of  Pennsylvania  establishes  the  right  of  univer 
sal  suffrage,  declares  every  freeman  eligible  to  every  office,  and 
reserves  for  the  people  themselves  the  appointment  of  their  chief 
magistrate.  It  embraces,  likewise,  every  principle  of  liberty, 
every  security  for  life,  reputation,  and  property,  every  means  of 
knowledge  by  the  freedom  of  the  press,  and  every  guard  against 
the  encroachments  of  delegated  power  upon  popular  rights  or 
co-ordinate  departments  which  the  wisest  statesmen  could  devise 
and  the  most  anxious  patriots  could  desire.  Still,  the  Coristitu- 


TO    THE  REPUBLICANS   OF  PENN'A.       221 

tion  of  Pennsylvania  may  be  defective ;  but  are  the  defects  such 
as  demand  the  corrective  of  a  convention?  Have  they  generated 
calamity,  oppression,  or  disorder?  Is  there  a  coincidence  of 
opinion  on  the  points  of  defect  or  the  modes  of  reparation?  and 
do  we  not  incur  the  risk  of  losing  a  constitution  positively  good 
for  the  mere  chance  of  obtaining  a  constitution  hypothetically 
better  ?  The  formation  of  every  social  compact  depends  upon 
mutual  deference  and  conciliatory  sacrifices  of  individual  opinion. 
No  system  of  government  was  ever  approved  in  all  its  parts  by 
those  who  framed  or  by  those  who  adopted  it.  And  we  venture 
to  affirm  that  no  system  of  government,  no  scheme  of  modification 
or  amendment,  will  ever  unite  so  great  a  portion  of  public  senti 
ment  and  attachment  in  its  favor  as  are  united  in  favor  of  the 
constitution  under  which  the  people  of  Pennsylvania  DOW  live 
and  flourish 

2.  It  has  been  said  in  the  indefinite  expressions  of  jealousy  and 
alarm,  that  the  delegated  powers  of  the  constitution  may  be  per 
verted  and  abused  ;  but  this  also  is  a  remark  so  general  (em 
bracing  equally  the  legislative,  the  executive,  and  the  judicial 
power)  that  it  strikes  at  the  very  existence  of  civil  government. 
In  truth,  the  use  of  power  is  essential  to  the  order  and  peace  of 
society;  and  the  hazard  of  its  being  abused  must  therefore  be 
encountered.     But  every  well-regulated  system,  while  it  confers 
power,  exacts  responsibility;  and  no  government  can,  consistently 
with  the  other  important  objects  and  operations  of  its  institution, 
be  more  efficient  in  this  respect  than  the  government  of  Pennsyl 
vania.     Thus  the  members  of  the  House  of  Representatives  must 
annually  account  to  their  constituents.     The  Senate  annually 
sends  one-fourth  of  its  members  in  regular  rotation  to  the  ordeal 
of  an  election.     The  executive  magistrate  undergoes  a  triennial 
investigation  of  his  conduct  at  the  bar  of  the  people  ;  nor  can  he 
enjoy  the  favors  of  popularity  beyond  a  limited  period.     The 
judges  are  constantly  subject  to  the  censorial  power  of  impeach 
ment  and  to  legislative  addresses  for  their  removal;  while  the 
subordinates  of  the  State  are  amenable  to  the  governor,  and  (in 
common  with  himself  and  the  judges)  may  be  impeached  and 
dismissed  for  misconduct  in  office.     If,  with  such  precautions, 
there  is  not  safety  in  the  delegation  of  power,  to  what  substitutes 
can  we  more  confidently  resort?     Let  it  not  be  answered  to  the 
direct  and  constant  agency  of  the  people;  for  that  is  impractica 
ble.     Let  it  not  be  answered  to  the  exclusive  authority  of  the 
legislative  agents  of  the  people;  for  we  know  that  legislative 
agents  may  feel  power  and  forget  right  as  well  as  executive  and 
judicial  magistrates.     But,  rather  let  us  bow  with  reverence  to 
the  decrees  of  Providence,  thus  mingling  with  all  its  bounties  to 
mankind  a  portion  of  bitterness  and  alloy. 

3.  It  has  been  said,  in  terms  of  indignation  and  disgust,  that 


222  APPENDICES. 

the  constitution  tolerates  the  common  law,  and  is,  therefore,  in 
consistent  with  true  liberty  and  genuine  republicanism.  On  no 
occasion  has  the  declamation  of  the  malcontents  betrayed  more 
ignorance  or  more  wickedness  than  in  the  attempt  to  despoil  this 
venerable  code  of  the  affections  and  confidence  of  the  people.  In 
depicting  the  common  law  they  have  ransacked  the  cells  of 
monks;  they  have  pillaged  the  lumber  of  colleges;  they  have 
revived  the  follies  of  a  superstitious  age;  and  they  have  bran 
dished  the  rigors  of  a  military  despotism  ;  but  in  all  this  rage  of 
research  they  have  forgotten  or  concealed  that  such  things  enter 
not  into  the  composition  of  the  common  law  of  Pennsylvania; 
for  the  constitution  tolerates  only  that  portion  of  the  common  law 
which  your  ancestors  voluntarily  brought  with  them  to  the  wil 
derness  as  a  birthright,  and  which  the  patriots  of  the  Revolution 
bestowed  upon  us  as  a  charter  of  privilege  and  benevolence.  Let 
us  not,  therefore,  be  ensnared  by  prejudices  nor  be  deceived  by 
the  mere  similitude  of  names.  Every  nation  has  its  common 
law.  The  common  law  of  every  nation  is  the  accumulated  wis 
dom  of  its  best  men  through  a  succession  of  ages  settled  into 
known  rules,  maxims,  and  precedents.  The  common  law  of 
England,  stripped  of  its  feudal  trappings,  is  the  admiration  of 
the  world.  The  common  law  of  Pennsylvania  is  the  common 
law  of  England  as  stripped  of  its  feudal  trappings  ;  as  originally 
suited  to  a  colonial  condition  ;  as  modified  by  acts  of  the  Gen 
eral  Assembly,  and  as  purified  by  the  principles  of  the  consti 
tution.  For  the  varying  exigencies  of  social  life,  for  the  com 
plicated  interests  of  an  enterprising  nation,  the  positive  acts 
of  the  legislature  can  provide  little  ;  and,  independent  of  the 
common  law,  rights  would  remain  forever  without  remedies  and 
wrongs  without  redress.  The  law  of  nations,  the  law  of  mer 
chants,  the  customs  and  usages  of  trade,  and  even  the  law  of 
every  foreign  country  in  relation  to  transitory  contracts  origina 
ting  there  but  prosecuted  h-jre,  are  parts  of  the  common  law  of 
Pennsylvania.  It  is  the  common  law,  generally  speaking,  not 
an  act'of  Assembly,  that  assures  the  title  and  the  possession  of 
your  farms  and  your  houses,  and  protects  your  persons,  your 
liberty,  your  reputation  from  violence  ;  that  defines  and  punishes 
offences*;  that  regulates  the  trial  by  jury  ;  and  (in  a  word,  com 
prehending  all  its  attributes)  that  gives  efficacy  to  the  funda 
mental  principles  of  the  constitution.  If  such  are  the  nature  and 
the  uses  of  the  common  law,  is  it  politic;,  or  would  it  be  practicable, 
to  abandon  it?  Simply  because  it  originated  in  Europe  cannot 
afford  a  better  reason  to  abandon  it  than  to  renounce  the  English 
and  the  German  languages,  or  to  abolish  the  institutions  of 
property  and  marriage,  of  education  and  religion,  since  they,  too, 
were  derived  from  the  more  ancient  civilized  nations  of  the  world. 
Messrs.  Jefferson,  Wythc,  and  Pendleton  declared,  in  reference  to 


TO    THE   REPUBLICANS    OF  PENN'A.       223 

a  revision  of  the  code  of  Virginia  (for  all  our  sister  States  have 
adopted  the  common  law  of  England,  differing  only  in  the  degree 
and  the  manner  of  the  adoption),  that  "  the  common  law  of  Eng 
land,  by  which  is  meant  that  part  of  the  English  law  which  was 
anterior  to  the  date  of  the  oldest  statutes  extant,  is  made  the  basis 
of  the  work.  It  was  thought  dangerous  to  attempt  to  reduce  it 
to  a  text ;  it  was  therefore  left  to  be  collected  from  the  usual 
monuments  of  it."  (Notes  on  Virginia,  p.  220.)  How  chimeri 
cal,  then,  must  be  the  project  of  calling  a  convention  to  reduce 
the  common  law,  not  to  a  statutory  detail,  but  to  a  constitutional 
text !  How  superfluous  the  trouble  and  the  expense,  since  the 
legislature  itself  already  possesses  a  competent  authority  to  re 
form  every  abuse,  to  remedy  every  defect,  and  to  control  every 
operation  of  the  common  law  ! 

4.  It  has  been  said  that  the  judges,  "under  color  of  the  com 
mon  law,  have  exercised  the  most  daring  tyranny  and  violated 
the  constitution  and  laws  of  the  State,"  and  hence  the  necessity 
of  a  convention  has  also  been  inferred.     This  assertion  appears 
under  the  signature  of  Mr.  Stecle,  the  president  of  the  Senate.     It 
involves  eleven  of  his  fellow-senators  (Republicans  of  inflexible 
political  and  personal  integrity)  in  the  imputation  of  perjury  in 
voting  in  favor  of  the  impeached  judges ;  and  it  charges  those 
judges  with  a  crime  for  which  they  had  been  fairly  tried,  and  of 
which  they  had  been  lawfully  acquitted.     But  we  will  not  enter 
into  a  discussion  of  the  question  to  which  the  charge  refers, — 
whether  the  judges  of  the  supreme  court  have  a  constitutional 
power  to  punish  contempts  of  court  by  the  summary  process  of 
attachment, — nor  will  we  even  state  the  essential  distinction  be 
tween  a  wilful  violation  of  the  constitution,  which  could  alone  be 
criminal,  and  an  honest  error  in  judgment,  which  cannot  be  impu- 
table  or  punished  upon  impeachment  as  a  crime.     These  might 
be  proper  grounds  of  inquiry  in  estimating  the  truth  as  well  as 
the  decency  of  Mr.   Steele's   publication ;    but  in  the   abstract 
inquiry,  whether  the  conduct  of  the  judges  furnishes  an  adequate 
cause  for  calling  a  convention,  it  is  sufficient  to  observe,  that  if 
contempts  of  court  ought  no  longer  to  be  punished  by  attach 
ment,  the  legislature  may,  by  their  own  authority,  modify   or 
abolish  the  process  without  any  additional  sanction  from  a  con 
stituent  assembly ;  and  we  presume  that  the  malcontents  will  not 
avow  the  design  to  render  a  bare  majority  of  the  Senate  compe 
tent  to  a  conviction  on  impeachment,  lest  it  should  be  seen  that 
the   unanimity  of  a  jury  in  other  criminal  prosecutions  is  also 
obnoxious  to  their  views  and  equally  the  object  of  revolutionary 
reform. 

5.  It  has  been  said  that  the  constitutional  power  of  appoint 
ment  to  office  bestows  on  the  executive  the  means  of  acquiring 
a  dangerous  influence,  and  that  the  constitutional  negative  of  the 


224  APPENDICES. 

governor,  upon  legislative  propositions,  has  been  employed  to 
retard  the  progress  of  political  improvement.  But  the  power  of 
appointment  to  office  can  only  produce  a  dangerous  influence 
when  those  who  enjoy  it  may  be  served  by  gratitude,  yet  cannot 
be  injured  by  resentment.  In  a  free,  republican  government,  the 
power  of  appointment  to  office  can  never  be  made  a  dangerous 
instrument  of  personal  ambition  ;  since  those  who  exercise  it  are 
as  dependent  upon  the  candidates  whom  they  reject  as  upon  the 
candidates  whom  they  accept,  and  the  number  and  activity  of 
the  former  will  forever  exceed  the  number  and  activity  of  the 
latter.  The  transactions  of  the  day  evince  the  truth/ of  this 
political  position.  The  clamor  of  discontent  is  loud  and  virulent 
against  the  present  distribution  of  offices,  and  an  exercise  of  the 
power  of  appointment,  in  opposition  to  particular  interests,  has 
obviously  furnished  a  signature  for  invective,  and  a  certificate 
for  imposture.  But  when  it  is  said  that  the  executive  ought  to 
be  deprived  of  this  power,  we  should  likewise  be  told  where  it 
can  more  safely,  more  usefully,  be  deposited.  The  secret  has 
not  yet  been  divulged  ;  but,  fellow-citizens,  beware  !  there  is  not 
an  honest  politician  who,  hearing  the  cabals  of  elections  for 
federal  senators,  for  State  treasurer,  for  bank  directors,  will 
readily  consent  to  endanger  the  purity  of  the  legislative  character, 
by  enlarging  the  sphere  of  its  patronage,  in  the  appointment  to 
office. 

Nor  can  the  qualified  negative,  upon  legislative  proceedings, 
however  beneficial  to  the  public,  advance  the  popularity  or  influ 
ence  of  the  chief  magistrate.  It  is  a  power  wisely  created  as 
an  additional  security  for  the  preservation  of  the  constitution 
from  the  encroachments  of  a  popular  assembly,  whose  numbers 
serve  at  once  to  abate  caution  and  to  diminish  responsibility;  for 
the  protection  of  the  co-ordinate  departments  of  government  from 
the  absorbing  tendencies  of  legislative  authority  ;  and  for  the  pre 
vention  of  sudden  and  dangerous  innovations  upon  the  laws  and 
habits  of  the  community.  For  all  these  purposes  you  have  seen 
a  firm  arid  honorable  interposition  of  the  power  during  the  present 
administration;  but  you  have  also  seen  that  (raising  a  host,  in 
opposition  to  an  individual)  no  respect  for  the  power,  as  vested 
by  the  constitution  ;  no  deference  for  the  claims  of  conscience,  as 
involved  in  exercising  it;  no  consideration  of  personal  wisdom 
and  worth,  as  due  to  the  magistrate  himself;  nor  any  sense  of 
decorum,  as  inspired  by  his  constituents, — could  deter  the  mal 
contents  from  resorting  to  this  ground  as  the  stronghold  of  their 
operations  against  the  official  reputation  of  the  governor.  Let 
it  be  asked,  however,  in  what  instance  the  power  has  been 
found  injurious  or  inconvenient  to  the  rights  and  interests  of  the 
people  ?  It  has,  indeed,  sometimes  suspended  an  important  deci 
sion  till  the  sense  of  the  people  could  be  ascertained.  It  has 


TO    THE   REPUBLICANS    OF  PENN'A.       225 

sometimes  embarrassed  an  attack  upon  the  principles  of  the  con 
stitution.  It  has  often  produced  useful  deliberation  ;  and  once, 
at  least,  it  has  prevented  the  disgrace  of  legislating  upon  sub 
jects  that  belong  exclusively  to  the  jurisdiction  of  another  country. 
But  are  these  effects  of  a  constitutional  power  that  we  should 
approve  and  encourage  ?  or,  on  the  contrary,  that  we  should  de 
mand  a  convention  to  condemn  and  to  prohibit  ?  Let  the  honest 
and  intelligent  freemen  of  Pennsylvania  reflect  and  determine. 

These,  then,  fellow-citizens,  are  the  pretexts  for  raising  an 
artificial  tempest  in  a  season  of  calm  and  fruitful  prosperity. 
With  these  pretexts,  men  deranged  by  Utopian  theories  or  cor 
rupted  by  foreign  arts;  men  formed  turbulent  by  nature,  or 
become  so  from  necessity;  men  who  delight  in  confusion,  and 
subsist  upon  defamation;  idlers,  without  social  attachments; 
and  politicians  by  trade — gathering  their  scanty  numbers  into  a 
malignant  circle,  have  scattered  envy  and  malice,  fear  and  sus 
picion,  throughout  the  land.  It  was  not  to  be  expected  that 
indulging  a  more  than  Gothic  fury  for  the  demolition  of  our 
public  institutions,  the  malcontents  would  permit  the  venerable 
McKean  (who  had  long  labored  for  their  establishment  and  pre 
servation)  to  close  his  patriotic  life  in  peace.  His  services  and  his 
renown  are  indeed  coeval  with  the  dawn  of  American  independ 
ence ;  for  he  is  among  the  few  (the  lamentably  few)  surviving 
members  of  the  illustrious  Congress  of  1765;  and  in  every  vicis 
situde  of  the  war  of  1776  he  was  the  firm  and  efficient  servant  of 
his  country.  But  neither  these  testimonials,  nor  all  the  assiduity 
since  displayed  by  an  enlightened  mind  for  the  public  good,  nor 
the  gratitude  which  bounty  should  command,  have  furnished  a 
shield  to  protect  him  from  obloquy  the  most  unjust,  or  from  insult 
the  most  cruel.  A  new  order  of  things  required  a  new  character 
of  men.  Those  who  had  contributed  to  rear  the  fabric  of  civil 
government  could  never  sincerely  be  beloved  by  those  who  seek 
to  undermine  and  destroy  it.  The  first  election  of  Governor 
McKean  was  espoused  with  a  zeal  that  graced  the  noblest  mo 
tives,  and  the  second  election  was  distinguished  by  an  unprece 
dented  majority  of  the  suffrages  of  a  free  people.  In  these 
movements,  however,  the  malcontents  (as  far  as  their  co-operation 
extended)  contemplated  their  own  interests,  and  not  the  interests 
of  the  community.  The  well-known  name  of  the  patriot  gave 
assurance  of  success  on  the  day  of  election,  and  it  was  imagined 
the  unsuspecting  nature  of  the  man  would  render  him  an  easy 
victim  to  the  arts  of  solicitation  and  intrigue.  For  awhile,  too, 
the  malcontents  seemed  to  reap  the  fruits  of  their  speculation. 
Much  was  obtained  for  personal  gratification,  but  no  more  to 
indulge  the  vanity  of  a  reflected  patronage.  To  prove  the  first 
part  of  our  assertion  we  refer  to  the  evidence  of  commissions 
and  contracts,  of  petitions  and  testimonials,  on  the  public  files  of 


226  APPENDICES. 

the  secretary's  office  ;  and  as  to  the  second  part,  the  lapse  of  time 
is  too  short  to  have  impaired  the  recollection  of  the  pains  which 
were  taken  to  create  a  popular  opinion  that  the  recommendation 
of  the  leading  malcontents  was  a  certain,  but  an  indispensable, 
passport  to  executive  favor.  During  that  period,  every  act  that 
the  governor  performed,  every  sentiment  that  he  uttered,  fur 
nished  a  theme  for  adulation  and  applause.  But.  the  pressure 
of  incessant  importunity,  the  insatiable  thirst  for  place  and 
patronage,  could  not  be  forever  tolerated  or  supplied.  The  lead 
ing  malcontents  were  often  here,  as  at  Washington,  solicitors  for 
the  same  office,  or  advocates  for  different  candidates;  all  could 
not  succeed,  and  all,  by  alternate  disappointment,  became  dis 
contented  and  hostile.  Under  these  impressions,  the  designs 
against  the  fundamental  institutions  of  our  country  were  con 
ceived  ;  and  at  length  the  governor  had  no  other  alternative 
but  openly  to  renounce  the  favor  of  the  malcontents,  or  tacitly 
to  permit  the  constitution  to  be  violated  and  supplanted  by  suc 
cessive  acts  of  unauthorized  legislation.  The  decision,  prompt 
and  unequivocal,  was  worthy  of  the  chief  magistrate  of  Penn 
sylvania;  but,  from  that  moment,  his  downfall  was  deemed  by 
the  malcontents  to  be  a  necessary  concomitant  of  the  downfall 
of  our  government.  The  proper  instruments  for  so  ungracious 
an  undertaking  were  speedily  put  into  operation.  Because  bills 
have  been  sometimes  presented  for  his  approbation  which  he 
could  not,  in  his  conscience,  approve,  they  have  endeavored  to 
provoke  an  unwarrantable  rupture  between  the  legislative  and 
executive  departments.  Because  the  execution  of  the  laws  has 
been  sometimes  difficult,  and  the  administration  of  justice  has 
long  been  obstructed,  they  have  endeavored  to  involve  him  in  the 
odium  of  such  defects,  concealing  that  the  legislature  alone  can 
supply  an  adequate  reined}".  Those  who  before  extolled  him  are 
now  industrious  to  debase  him,  and  without  enjoying  the  merit 
of  invention  or  feeling  the  shame  of  inconsistency,  they  assail 
him  with  a  repetition  of  the  very  slanders  which,  on  a  former 
occasion,  they  had  themselves  refuted  and  condemned.  He  has 
been  surrounded  with  spies  and  informers,  who,  crossing  him  m 
his  walks  of  exercise,  or  obtruding  upon  his  hours  of  domestic 
retirement,  distort  all  his  actions  and  falsify  all  his  words.  In 
this  progressive  course,  the  malcontents  finally  reached  the 
ground  of  action  ;  and  the  borough  of  Lancaster  witnessed  in 
the  same  week  the  invocation  for  a  convention  to  abolish  our 
constitution  and  the  cabal  of  a  ballot  to  degrade  our  governor! 
It  must  be  remembered  that  before  the  re-election  of  Governor 
McKean,  in  1802,  the  malcontents  had  actually  calculated  the 
chances  in  favor  of  another  candidate;  but,  however  sanguine 
and  bold  they  are  in  their  political  temperament,  nothing,  at  that 
time,  had  occurred  which  could  afford  the  slightest  encourage- 


TO    THE   REPUBLICANS    OF  PENN'A.       227 

ment  for  the  attempt.  Nor  can  it  be  precisely  stated  when  their 
confidence  had  so  increased  as  to  produce  a  determination  to 
make  an  experiment  at  the  ensuing  election;  since,  in  the  vary 
petition  for  calling*  a  convention,  they  accompany  their  general 
objections  to  the  executive  power  with  these  remarkable  declara 
tions:  "We  wish  not  to  be  understood  as  insinuating,  in  the 
remotest  degree,  that  this  power  has  been  abused  by  the  present 
executive  magistrate,  etc.  All  we  mean  is  that  this  dangerous 
power  does  exist,  and  may  be  exercised  when  a  less  upright  and 
virtuous  governor  is  in  office,"  etc.  It  was  manifest,  however, 
as  soon  as  the  malcontents  were  defeated  in  the  scheme  for 
an  immediate  call  of  a  convention,  that  their  leaders,  in  a  con 
clave  at  Lancaster,  had  resolved  upon  the  opposition  to  Governor 
McKean.  After  the  resolution  was  taken,  the  members  of  the 
legislature,  who  were  also  members  of  the  cabal,  appeared  "more 
than  usually  solicitous  to  procure  justices'  commissions  for  their 
friends  and  partisans;  and  it  maybe  fairly  presumed,  that  the 
visit  of  Messrs.  McKennoy,  Montgomery,  Steele,  etc.,  of  the 
21st  March  (to  which  the  public  are  indebted  for  the  exploded 
tale  of  the  clodhoppers),  was  connected  with  the  secret  plot  to 
supersede^the  executive  magistrate.  But  the  first  open  display 
of  hostility  is  to  be  found  in  the  extraordinary  spectacle  which 
almost  instantaneously  followed  the  adjournment  of  the  General 
Assembly.  The  legislature  had  acquired  a  habit  of  electing 
some  of  its  own  body  to  the  offices  of  federal  senator,  State 
treasurer,  and  bank  director;  and  now  the  members,  who  had 
conspired  with  the  malcontents  on  the  present  occasion  (being 
repulsed  in  their  repeated  applications  for  permission  to  use  the 
respectable  name  of  Muhlenberg  or  of  Iliester),  boldly  deter 
mined  likewise  to  make  one  of  themselves  a  governor, — an  exam 
ple  more  dangerous  to  the  rights  of  the  people,  more  destructive 
to  the  purity  and  independence  of  the  legislature,  than  all  the 
imputed  imperfections  of  the  constitution.  A  meeting  of  the  Re 
publican  members  generally  was  accordinglv  called.  Several  of 
the  friends  of  Governor  McKean  had  previously  left  Lancaster, 
but  many  of  them  attended  the  meeting.  A  request  was  urged, 
on  their  part,  for  information  of  the  cause  and  design  of  the 
meeting,  but  none  was  communicated.  It  was  suggested  that 
an  open  nomination  of  candidates  should  be  made,  but  the  sug 
gestion  was  disregarded.  It  was  proposed  that  the  vote  should 
be  taken  viva  voce,  and  not  by  ballot,  but  the  proposition  was 
overruled.  The  truth  is  that  the  members  who  were  parties  to 
the  conspiracy  went  to  the  meeting  with  their  tickets  prepared; 
and  although  they  intended  to  give  to  the  proceeding  the  influ 
ence  of  their  legislative  character,  they  were  so  ashamed  of  the 
act,  or  so  fearful  of  its  consequences,  that  they  could  not  be 
induced  to  add  to  it  the  pledge  of  their  legislative  responsibility. 


228  APPENDICES. 

The  body  of  Governor  McKean's  friends  retired  in  disgust  from 
this  mockery  and  usurpation;  this  premeditated  outrage  upon 
legislative  decorum  and  the  freedom  of  election.  Though  reason, 
as  well  as  constitutional  authority,  requires  that  every  vote  given 
in  a  representative  capacity  should  be  openly  given;  and  though 
the  vote  on  this  occasion  is  described  as  the  vote  of  forty-two 
representatives  of  the  people,  the  members  who  remained  de 
livered  a  prepared  and  secret  ballot  for  a  new  candidate  to  fill 
the  executive  chair;  leaving  their  constituents  little  more  than  a 
conjecture  to  designate  by  whom  the  injury  and  the  insult  had 
been  given. 

Having  furnished  this  insidious  instrument  for  promoting  the 
designs  of  the  malcontents,  the  members  dispersed;  but  the 
sanction  of  the  legislative  character  was  still  necessary  to  com 
plete  the  spell  for  ruin  and  detraction.  A  libel  was* prepared 
under  the  specious  title  of  "An  Address  of  the  Members  of  the 
General  Assembly,"  and  circulated  in  the  form  of  a  pamphlet, 
subscribed  only  by  John  Steele  and  Jacob  Mitchell.  It  was 
accompanied,  too,  with  certificates  of  a  conversation,  noted  the 
very  day  that  it  occurred,  with  a  view  to  the  present  use;  but 
both  of  the  certificates  are  inaccurate,  and  one  of  them  is  of 
doubtful  authenticity,  as  it  purports  to  be  written  and  signed  by  a 
member  of  the  House  of  Representatives,  though  it  contains  a 
material  variance  from  another  representation  of  that  member 
(asserting  here,  that  the  governor  said  he  would  consult  "his 
own  convenience,'1  while  it  is  asserted  elsewhere  that  the  governor 
said,  "he  would  consult  his  own  conscience");  and  as  the  certifi 
cate  itself  presents  no  character  of  similitude  with  the  signature, 
or  style,  of  a  general  letter  from  the  same  member  now  in  posses 
sion  of  the  public.  On  the  20th  of  May,  1805,  this  libel  was 
ushered  into  public  notice  by  a  Philadelphia  newspaper,  with  a 
preface  declaring  "that  it  had  been  reported  and  unanimously 
agreed  to  on  Thursday  evening,"  the  4th  of  April  last;  and 
plainly  intending  to  convey  the  idea  that  it  had  been  so  unani 
mously  agreed  to  at  a  second  meeting  of  the  persons  assembled 
the  preceding  day,  when  General  John  Steele  was  appointed 
chairman,  and  Presley  Can*  Lane  (who,  as  a  senator,  voting  for 
the  acquittal  of  the  impeached  judges,  is  himself  an  object  of  the 
very  slander  which,  it  is  alleged,  he  approved)  and  Jacob  Mitchell 
were  appointed  tellers.  But  we  beseech  you,  fellow-citizens,  to 
peruse  this  extraordinary  composition  with  attention,  in  order  to 
be  convinced,  from  the  profligacy  of  its  principles  and  the  scur 
rility  of  its  language  (as  well  as  from  the  notoriety  of  other 
opposing  facts),  that  it  ought  not  to  be  deemed  the  work  of  any 
association  of  your  representatives.  In  the  face  of  the  recent 
declaration  of  the  malcontent  petition,  that  there  was  no  fault  to 
be  found  with  the  official  conduct  of  the  governor,  the  jaundiced 


TO    THE   REPUBLICANS    OF  PENN'A.       229 

author  has  represented  his  whole  administration  as  a  tissue  of 
tyranny,  favoritism,  and  error.  In  contempt  of  a  majority  of 
;(0, 000  free  suffrages,  which  gave  the  stamp  of  merit  and  appro 
bation  to  his  first  period,  nay,  in  immediate  contradiction  to  the 
concession  of  the  address  itself,  "that  the  administration  of  that 
period  promised  upon  the  whole  to  be  beneficial  to  the  State,"  the 
governor's  transactions,  from  the  first  to  the  last  day,  are  brought 
into  a  faithless  and  malignant  review,  to  decorate  the  black  book 
of  the  malcontents.  Not  only  important  facts  have  been  sup 
pressed,  but  the  reasons  assigned  for  his  conduct  on  particular 
occasions  have  been  garbled,  perverted,  and  misconstrued.  Not 
only  his  public  agency,  but  his  private  honor,  has  been  im 
peached.  Not  only  his  distribution  of  public  offices,  but  his 
intercourse  in  social  life,  has  been  invidiously  scrutinized.  The 
temper  of  his  mind,  and  the  habit  of  his  manners  (long  fixed, 
and  known  and  respected  by  his  fellow-citizens),  have  been  made 
topics  of  public  discussion  and  reproach.  Nay,  epithets  have 
been  formed,  and  words  have  been  selected,  for  the  inhuman 
purpose  of  torturing  his  sensibility  as  a  parent  and  a  friend,  till, 
in  fine,  the  address  of  the  malcontents  has  doomed  the  veteran 
patriot  to  lament  (and  others  are  yet  doomed  to  feel)  that, 
although  the  carcass  of  Callander  is  no  more,  his  spirit,  ungrate 
ful  and  vindictive,  still  survives ! 

We  emphatically  repeat,  fellow-citizens,  that  such  a  composition 
ought  not,  without  an  express  and  individual  avowal,  to  be 
ascribed  to  any  set  of  men  who  are  honored  with  the  con 
fidence  of  the  people.  We  believe  that  the  address  never  was 
seen  or  read,  before  it  was  published,  by  twenty  members  of  the 
legislature  ;  we  believe  that  there  never  were  ten  members 
assembled  at  any  meeting  which  approved  and  adopted  it ;  and 
we  are  confident  that  there  is  not  one  member  who  is  prepared  to 
substantiate  the  criminal  charges  which  it  contains.  We  speak 
not  here  of  charges  which  impute  to  the  governor  as  a  crime 
the  conscientious  exercise  of  a  constitutional  power.  We  speak 
not  of  charges  which,  on  the  presumption,  as  it  would  seem,  that 
the  legislature  has  already  absorbed  all  the  powers  of  government, 
treat  as  a  menace  against  legislative  authority  the  simple  decla 
ration  that  the  judgment  of  the  supreme  court  upon  a  point  of 
law  would  be  an  authoritative  decision.  We  speak  not  of  charges 
which  convert  a  deference  for  legislative  opinion  into  a  contempt 
of  legislative  dignity,  where  the  governor  has  tacitly  acquiesced 
in  the  enactment  of  a  law,  though  he  could  not  positively  affix 
the  signature  of  approbation.  We  speak  not  here  of  charges 
which  arraign  the  executive  for  not  returning  bills  with  his 
approbation  or  dissent,  where  the  bills  were  only  presented  for 
his  consideration  on  the  eve  of  an  adjournment  of  the  legislature. 
We  speak  not  of  charges  which  decry  a  wish  to  transmit  the 


230  APPENDICES. 

constitution  unimpaired  to  bis  successor  as  a  symptom  of  aris 
tocracy  and  despotism.  We  speak  not  of  charges  which  clamor 
ously  condemn  the  distribution  of  offices,  manifestly  because  the 
authors  of  the  charge  were  not  the  persons  appointed.  We  speak 
not  of  charges  which  (forgetting  that  to  be  a  governor  is  not  to 
lose  the  affections  of  a  man,  nor  to  be  the  relation  of  a  governor 
a  forfeiture  of  the  equal  rights  of  a  citizen)  stigmatize  as  extrav 
agant  the  grant  of  three  commissions  to  connexions  by  blood 
and  marriage,  out  of  the  unbounded  patronage  which  the  execu 
tive,  for  another  purpose,  is  idly  said  to  possess.  We  speak  not 
of  charges  in  which  Messrs.  McKinney  and  Montgomery  appear 
as  arbiters  of  elegant  mariners  and  polite  conversation.  But  we 
speak  of  gross  charges  of  official  delinquency  and  corruption, 
for  which  we  trust  the  libellous  authors  will  be  compelled,  at  a 
proper  time  and  in  a  proper  place,  to  answer  to  the  offended 
laws  and  justice  of  their  country. 

1.  It  is  alleged  that  an  election-ticket  "  was  distributed  from 
the  governor's  coach  by  two  officers  of  executive  appointment, 
who  accompanied  him,  and  daily  held  him  up  as  the  patron  of 
faction.     The   attempt  was  frustrated   by  the  force  of  popular 
suffrage,  and  he  was  driven  to  disavow,  only  after  a  defeat,  what 
he  had  really  taken   pains  to  promote  without  success."     The 
charge  is  denied.     W7e  demand  the  informer  and  the  proof. 

2.  It  is  alleged  that  the  author  and  abettors  of  the  address 
have  seen  the  governor   "employing  the   whole   weight  of  his 
opinion   and  the  influence   of   the  officers    of   his    appointment, 
besides  an  interference  with  private  citizens,  to  procure  the  extri 
cation  of  three  judges  of  the  supreme  court  from  an  impeachment, 
wrho  had,  under  color  of  the  common  law,  exercised  the  most  daring 
tyranny,  and  violated  the  constitution  and  laws  of  the  State." 
The  charge  is  denied.     We  demand  the  informer  and  the  proof. 

3.  It  is  alleged  that  the  governor  asserted  that  "  he  would  not 
suffer  a  convention  to  take  place  ;"  and  it  is  insinuated  that  he 
meant    "  to  employ  arms    or   corruption    to    prevent    it."     The 
charge    is  denied.     Let   it   be  said  that  the  honorable  and  en 
lightened  informers,  Messrs.  Montgomery  and  McKinne}r,  seem 
to  prove  that  he  reprobated  (as  most  honest  men  do)  the  call  of 
a  convention,  and  that  he  said  (as  every  citizen  has  a  right  to 
say)  he  would  firmly  resist  it ;   but  still  we  demand  the  proof 
that,  as  an  executive  magistrate,  he  threatened  the  use  of  arms 
or  corruption. 

4.  It  is  alleged  that  "  an  address  for  the  removal  of  Judge 
Brackenridge  from  office  was  presented  by  more  than  two-thirds 
of  each  branch  of  the  legislature,  and  that  the  executive  has 
not  even  deigned   to  make  any  communication  in  reply.'7     The 
charge  is  unfounded  ;  for  we  answer  : 

1.  That  the  extraordinary  nature  of  the  case  merited  a  very 


TO    THE   REPUBLICANS    OF  PENN'A.        231 

serious  consideration.  Judge  Brackenridge  informed  the  House 
of  Representatives  that  he  had  concurred  in  the  punishment  of 
the  offender  (who  had  complained  to  the  House)  for  a  contempt 
of  court,  and  observed  that  it  might  be  thought  an  effect  of  the 
bias  of  party  by  others  (not  that  he  thought  so  himself)  if  his 
name  was  not  comprehended  with  the  names  of  other  judges  in 
the  meditated  impeachment.  The  House  of  Representatives 
considered  the  letter  of  Judge  Brackenridge  on  this  subject  as  a 
contempt.  They  admitted  his  own  acknowledgment  as  sufficient 
proof  to  involve  him  in  the  only  punishment  which  could  follow 
on  a  conviction  on  impeachment,  the  removal  from  office;  but 
they  would  not  admit  it  to  be  sufficient  to  give  him  the  oppor 
tunity  of  explanation  or  defence,  which,  upon  impeachment,  they 
could  not  refuse.  At  the  very  time,  therefore,  that  the  House  of 
Representatives  was  instituting  a  prosecution  against  the  judges 
of  the  supreme  court  for  punishing  a  private  individual's  con 
tempt  of  court  by  attachment,  after  a  full  defence,  with  a  small 
fine  and  a  short  imprisonment,  the  Senate  and  the  House  of  Rep 
resentatives  concurred  in  the  design  to  punish  Judge  Bracken 
ridge  without  a  notice  or  a  hearing,  or  a  trial  by  jury,  or  a  trial 
by  impeachment,  for  a  contempt  of  the  legislature,  degrading  him 
from  office,  stripping  an  aged  man  and  his  family  of  their  sub 
sistence,  and  fining  him  to  the  amount  of  two  thousand  dollars 
per  annum  during  his  life!  Let  Mr.  Steele  or  Mr.  Mitchell,  or 
all  or  any  of  the  authors  of  the  address,  who  have  called  the 
conduct  of  the  supreme  court  "the  most  daring  tyranny  and 
violation  of  the  constitution  and  laws  of  the  State,"  find  out  a 
precedent  or  a  name  for  such  an  act  as  this  !  But  let  us  not  be 
surprised,  fellow-citizens,  that  Governor  McKean,  who  had  long 
administered  justice  upon  the  maxim  "that  no  man  should  be 
condemned  unheard/'  deliberated  before  he  would  acquiesce  in 
an  address  under  such  circumstances  for  the  removal  of  a  judicial 
officer 

2.  That   the   governor   possesses  a  constitutional  discretion 
whether  he  will  comply  with  an  address  for  the  removal  of  a 
judge,  and  is  no  more  responsible  to  the  legislature  for  the  exer 
cise  of  that  discretion  than  the  legislature  is  responsible  to  him 
for  the  motives  of  the  application. 

3.  That  the  application  for  the  removal  of  Judge  Brackenridge 
was  not  constitutionally  made,  and  therefore  could  not  be  law 
fully  granted.     It  is  true  that  the  address  asserts  the  application 
to  have  been  made  ~by  two-thirds  of  each  branch  of  the  legis 
lature ;  and  it  is  also  true  that  the  constitution  requires  the  ap 
plication  to  be  so  made  ;  but,  in  point  of  real  fact,  two-tliirds  of 
each  branch   of  the  legislature  did  not  make  the  application. 
Two-thirds  of  a  house  and  two-thirds  of  a  branch  of  the  legis 
lature  are  distinct  things  in  the  language  of  the  constitution  and 


232  APPENDICES. 

in  the  meaning  of  the  convention,  as  conveyed  by  their  own 
journals.  The  branch  is  composed  of  all  its  members  ;  but  a 
majority  of  the  members  of  a  branch  constitutes  a  house  for  the 
ordinary  branches  of  legislation.  For  special  purposes,  how 
ever  (an  impeachment  or  an  address  for  removal  from  office),  the 
branch,  and  not  the  house,  is  appealed  to,  and  for  this  plain  reason, 
that  the  rule  of  decision  should  be  uniform.  For  instance,  two- 
thirds  of  the  Senate,  considered  as  a  branch  of  the  legislature, 
will  invariably  amount  to  sixteen  ;  but  two-thirds  of  the  Senate, 
considered  as  a  house,  may  vibrate  from  nine,  which  is  two-thirds 
of  the  quorum  of  thirteen,  to  sixteen,  which  is  two-thirds  of  the 
whole  branch  of  twenty-four  members.  In  the  case  of  Judge 
Brackenridge,  the  votes  for  his  removal  amounted  to  two-thirds 
of  each  house,  but  did  not  amount  to  two-thirds  of  each  branch 
of  the  legislature.  The  governor  could  not,  therefore,  violate 
the  constitution  to  gratify  the  wishes,  or  to  resent  the  injuries, 
which  occasioned  the  address. 

But,  fellow-citizens,  it  is  a  more  laudable,  a  more  just,  a  more  sal 
utary  task,  to  turn  your  attention  from  this  loathsome  and  ungrate 
ful  scene  of  defamation  to  a  contemplation  of  the  important  services 
of  the  executive  magistrate.  It  was  not  manly  or  decent  to  break 
open  the  tomb  of  departed  worth  and  to  repudiate  the  memory  of  a 
patriot  to  whose  honor  the  legislature  itself  had  decreed  a  public 
funeral  and" monument.  But  if  it  is  true  that  the  governor  suc 
ceeded  to  a  chair  shattered,  tottering,  and  feeble  from  the  indis 
cretion  of  his  predecessor,  to  whom  are  we  to  ascribe  its  present 
efficient  and  impressive  character  ?  There  is  no  State  that  boasts 
a  more  prompt,  faithful,  and  beneficial  execution  of  its  laws  ; 
while,  as  a  member  of  the  Union,  Pennsylvania  has  maintained, 
through  the  medium  of  its  executive,  with  exemplary  dignity,  the 
principles  of  federate  harmony  and  confidence.  The  militia  has 
been  an  object  of  our  governor's  most  assiduous  and  successful 
attention.  The  discipline,  the  supplies  of  artillery,  of  arms,  and 
of  other  military  equipments,  which  render  our  militia  pre-emi 
nently  respectable  and  efficient,  may  be  ascribed  to  his  indefati 
gable  zeal  for  the  preservation  of  an  institution  on  which  he  well 
knows  the  people  can  alone  safely  rely  for  their  peace,  liberty, 
and  independence.  By  his  care  the  Wyoming  controversy,  which 
has  so  long  annoyed  the  peace  of  Pennsylvania,  will,  probably, 
be  soon  terminated  to  the  satisfaction  of  all  the  parties  and  to 
the  honor  of  the  State.  The  actual  settlers  on  the  western  frontier 
owe  much  to  his  sympathy  and  protection  during  the  litigation 
of  their  claims.  Agriculture  has  received  his  aid  in  exertions  to 
extend  our  roads  and  improve  our  navigable  communication. 
Commerce  has  been  advanced  by  his  assiduity  in  employing  the 
best  means  to  preserve  the  health  of  our  capital.  Of  mechanics 
and  manufacturers  he  has  been  the  unaffected  friend  and  patron, 


TO    THE  REPUBLICANS    OF  PENN'A.       233 

and,  feeling  himself  all  the  blessings  of  knowledge,  he  inces 
santly  labors  to  disseminate  the  means  of  education.  Bat  why 
should  we  advance  in  this  pleasing,  though  superfluous,  delinea 
tion  of  his  merit?  After  fifty  years  of  public  life,  you  must 
understand  the  value  of  such  a  man  ;  and  you  will  not  easily 
submit  to  be  deprived  of  his  services,  to  see  his  virtues  unjustly 
obscured,  or  his  honors  ungratefully  despoiled. 

We  have  now,  fellow-citizens,  traced  the  original  of  the  present 
crisis.  We  have  developed  the  motives,  plans,  and  operations 
of  the  malcontents.  The  trespass  upon  your  time  has  been 
great ;  but  the  importance  of  the  occasion  must  be  our  excuse. 
It  is  an  effort  to  preserve  institutions  and  men  we  know  and  ap 
prove  against  projects  which  we  cannot  comprehend,  proposed 
by  men  whom  we  cannot  trust,  whose  object  cannot  be  good, 
since  the  means  that  they  employ  are  evidently  bad.  It  is  a 
cause  of  principle  independent  of  party.  Every  man  has  an 
interest  in  the  issue,  and  every  man  is  bound  to  bear  a  part  in 
the  contest.  For  ourselves,  we  think  that  it  is  time  to  evince  to 
the  world  that  a  democratic  republic  can  enjoy  energy  without 
tyranny,  and  liberty  without  anarchy.  It  is  time  to  brush  from 
the  skirts  of  the  Republican  party  the  moths  that  stain  the  purity 
of  its  color  and  feed  upon  the  consistency  of  its  texture.  It  is 
time  to  convince  the  malcontents  that  their  machinations  are 
detected,  that  their  influence  is  lost,  and  that  their  denunciations 
are  despised.  For  these  purposes  the  Society  of  Constitutional 
Republicans  was  formed,  and  when  these  purposes  shall  be  ac 
complished,  the  society  will  cheerfully  cease  to  exist. 

The  epoch  of  their  accomplishment,  we  confidently  refer  to  the 
next  general  election.  Let  us,  then,  fellow-citizens,  implore  your 
co-operation.  Prepare  with  vigilance  and  act  with  firmness. 
Re-elect  our  venerable  governor.  Exclude  from  the  legislature 
all  who  have  avowed  a  disposition  hostile  to  the  constitution. 
Circulate  and  transmit  to  the  secretary's  office  remonstrances  in 
opposition  to  a  convention.  Communicate  your  information  on 
the  crisis  of  our  public  affairs  in  repeated  meetings  and  in  every 
private  conversation.  Rescue  your  country  from  the  impending 
evil,  and  deserve  to  be  happy. 

GEORGE  LOGAN,  President. 
ISRAEL  ISRAEL,  Vice-President. 
SAMUEL  WETHERILL,  Secretary. 

A.  J.  DALLAS, 

I.  B.  SMITH, 

ISAAC  WORRELL,  j>  Corresponding  Committee. 

SAMUEL  WETHERILL, 

BLAIR  MCCLENACHAN, 

PHILADELPHIA,  June  10,  1805. 

16 


234  APPENDICES. 

No.  4. 
OFFICIAL  LETTERS 

TO    THE    COMMITTEE    OF    WAYS    AND    MEANS. 

WASHINGTON,  Oct.  14,  1814. 

SIR, — The  Committee  of  Ways  and  Means  have  had  under  their 
consideration  the  support  of  public  credit  by  a  system  of  taxation 
more  extended  than  the  one  heretofore  adopted.  They  have  de 
termined  to  suspend  proceeding  on  their  report  at  present  before 
the  House  of  Representatives,  with  a  view  to  afford  you  an  op 
portunity  of  suggesting  any  other  or  such  additional  provisions 
as  may  be  necessary  to  revive  and  maintain  unimpaired  the  public 
credit. 

I  have  the  honor  to  be  your  most  obedient, 

JOHN  W.  EPPES. 

Honorable  Mr.  DALLAS,  Secretary  of  the  Treasury. 


TREASURY  DEPARTMENT,  October  17,  1814. 

SIR, — I  have  the  honor  to  acknowledge  the  receipt  of  your 
letter  dated  the  14th  inst.,  and  aware  of  the  necessity  for  an  early 
interposition  of  Congress  on  the  subject  to  which  it  relates,  I 
proceed,  at  the  moment  of  entering  upon  the  duties  of  office,  to 
offer  to  the  consideration  of  the  Committee  of  Ways  and  Means 
an  answer  on  the  several  points  of  their  inquiry. 

Contemplating  the  present  state  of  the  finances,  it  is  obvious 
that  a  deficiency  in  the  revenue  and  a  depreciation  in  the  public 
credit  exist  from  causes  which  cannot  in  any  degree  be  ascribed 
either  to  the  want  of  resources  or  to  the  want  of  integrity  in  the 
nation.  Different  minds  will  conceive  different  opinions  in  rela 
tion  to  some  of  those  causes ;  but  it  will  be  agreed  on  all  sides 
that  the  most  operative  have  been  the  inadequacy  of  our  system 
of  taxation  to  form  a  foundation  for  public  credit ;  and  the  ab 
sence  even  from  that  system  of  the  means  which  are  best  adapted 
to  anticipate,  collect,  and  distribute  the  public  revenue. 

The  wealth  of  the  nation  in  the  value  and  products  of  its  soil, 
in  all  the  acquisitions  of  personal  property,  and  in  all  the  va 
rieties  of  industry,  remains  almost  untouched  by  the  hand  of 
government ;  for  the  national  faith  and  not  the  national  wealth 


OFFICIAL    LETTERS.  235 

has  hitherto  been  the  principal  instrument  of  finance.  It  was 
reasonable,  however,  to  expect  that  a  period  must  occur  in  the 
course  of  a  protracted  war  when  confidence  in  the  accumulating 
public  engagements  could  only  be  secured  by  an  active  demon 
stration  both  of  the  capacity  and  the  disposition  to  perform  them. 
In  the  present  state  of  the  treasury,  therefore,  it  is  a  just  conso 
lation  to  reflect  that  a  prompt  and  resolute  application  of  the 
resources  of  the  country  will  effectually  relieve  from  every  pe 
cuniary  embarrassment  and  vindicate  the  fiscal  honor  of  the 
government. 

But  it  would  be  vain  to  attempt  to  disguise,  arid  it  would  be 
pernicious  to  palliate,  the  difficulties  which  are  now  to  be  over 
come.  The  exigencies  of  the  government  require  a  supply  of 
treasure  for  the  prosecution  of  the  war  beyond  any  amount  which 
it  would  be  politic,  even  if  it  were  practicable,  to  raise  by  an  im 
mediate  and  constant  imposition  of  taxes.  There  must,  therefore, 
be  a  resort  to  credit  for  a  considerable  portion  of  the  supply.  But 
the  public  credit  is  at  this  juncture  so  depressed  that  no  hope  of 
adequate  succor  on  moderate  terms  can  safely  rest  upon  it.  Hence 
it  becomes  the  object  first  and  last  in  every  practical  scheme  of 
finance  to  reanimate  the  confidence  .of  the  citizens,  and  to  impress 
on  the  mind  of  every  man  who,  for  the  public  account,  renders 
services,  furnishes  supplies,  or  advances  money,  a  conviction  of 
the  punctuality  as  well  as  of  the  security  of  the  government.  It 
is  not  to  be  regarded,  indeed,  as  the  case  of  preserving  a  credit 
which  has  never  been  impaired,  but  rather  as  the  case  of  rescuing 
from  reproach  a  credit  over  which  doubt  and  apprehension  (not 
the  less  injurious,  perhaps,  because  they  are  visionary)  have  cast 
an  inauspicious  shade.  In  the  former  case  the  ordinary  means 
of  raising  and  appropriating  the  revenue  will  always  be  sufficient; 
but  in  the  latter  case  no  exertion  can  be  competent  to  attain  the 
object  which  does  not  quiet  in  every  mind  every  fear  of  future 
loss  or  disappointment  in  consequence  of  trusting  to  the  pledges 
of  the  public  faith. 

The  condition  of  the  circulating  medium  of  the  country  pre 
sents  another  copious  source  of  mischief  and  embarrassment. 
The  recent  export  at  ion  8  of  specie  have  considerably  diminished 
the  fund  of  gold  and  silver  coin ;  and  another  considerable  por 
tion  of  that  fund  has  been  drawn  by  the  timid  and  the  wary  from 
the  use  of  the  community  into  the  private  coffers  of  individuals. 
On  the  other  hand,  the  multiplication  of  banks  in  the  several 
States  has  so  increased  the  quantity  of  paper  currency  that  it 
would  be  difficult  to  calculate  its  amount,  and  still  more  difficult 
to  ascertain  its  value  with  reference  to  the  capital  on  which  it 
has  been  issued.  But  the  benefit  of  even  this  paper  currency  is 
in  a  great  measure  lost,  as  the  suspension  of  payments  in  specie  at 


236  APPENDICES; 

most  of  the  banks  has  suddenly  broken  the  chain  of  accommoda 
tion  that  previously  extended  the  credit  and  the  circulation  of  the 
notes  which  were  emitted  in  one  State  into  every  State  of  the 
Union.  It  may  in  general  be  affirmed,  therefore,  that  there  exists 
at  this  time  no  adequate  circulating  medium  common  to  the  citi 
zens  of  the  United  States.  The  moneyed  transactions  of  private 
life  are  at  a  stand,  and  the  fiscal  operations  of  the  government 
labor  with  extreme  inconvenience.  It  is  impossible  that  such 
a  state  of  things  should  be  long  endured  ;  but,  let  it  be  fairly 
added,  that  with  legislative  aid  it  is  not  necessary  that  the  endu 
rance  should  be  long.  Under  favorable  circumstances  and  to  a 
limited  extent  an  emission  of  treasury  notes  would  probably  afford 
relief;  but  treasury  notes  are  an  expensive  and  precarious  sub 
stitute  either  for  coin  or  for  bank-notes,  charged  as  they  are 
with  a  growing  interest  productive  of  no  countervailing  profit  or 
emolument,  and  exposed  to  every  breath  of  popular  prejudice  or 
alarm.  The  establishment  of  a  national  institution  operating 
upon  credit  combined  with  capital  and  regulated  by  prudence  and 
good  faith  is,  after  all,  the  only  efficient  remedy  for  the  disordered 
condition  ol  our  circulating  medium^  While  accomplishing  that 
object,  too,  there  will  be  found  under  the  auspices  of  such  an  in 
stitution  a  safe  depository  for  the  public  treasure  and  a  constant 
auxiliary  to  the  public  credit.  But  whether  the  issues  of  a  paper 
currency  proceed  from  the  national  treasury  or  from  a  national 
bank,  the  acceptance  of  the  paper  in  a  course  of  payments  and 
receipts  must  be  forever  optional  with  the  citizens.  The  ex 
tremity  of  that  day  cannot  be  anticipated  when  any  honest  and 
enlightened  statesman  will  again  venture  upon  the  desperate 
expedient  of  a  tender  law. 

From  this  painful  but  necessary  development  of  existing  evils 
we  pass  with  hope  and  confidence  to  a  more  specific  consideration 
of  the  measures  from  which  relief  may  be  certainly  and  speedily 
derived.  Remembering  always  that  the  objects  of  the  govern 
ment  are  to  place  the  public  credit  upon  a  solid  and  durable 
foundation  ;  to  provide  a  revenue  commensurate  with  the  demands 
of  a  war  expenditure,  and  to  remove  from  the  treasury  an  imme 
diate  pressure,  the  following  propositions  are  submitted  to  the 
committee  with  every  sentiment  of  deference  and  respect : 


PROPOSITIONS. 

I.  It  is  proposed  that  during  the  war,  and  until  the  claims 
contemplated  by  the  proposition  are  completely  satisfied  or  ex 
tinct,  there  shall  be  annually  raised  by  taxes,  duties,  imposts,  and 
excises,  a  fund  for  these  purposes : 


OFFICIAL    LETTERS.  237 

1.  For  the  support  of  government $1,500,000 

2.  For  the  principal  and  interest  of  the  public  debt  existing 

before  the  declaration  of  war  and  payable  according  to 

the  contract 3,500,000 

3.  For  the  interest  of  the  public  debt  contracted  and  to  be 

contracted  by  loans  or  otherwise  from  the  eommence- 
ment  to  the  termination  of  the  war,  calculated  upon  an 
annual  principal  of  $72,000,000 4,320,000 

4.  For  the  payment  of  treasury  notes,  with  the  accruing  in 

terest 7,400,000 

5.  For  the  payment  of  debentures  to  be   issued  (as  is  herein 

after  proposed)  for  liquidated  balances  due  to  individu 
als  on  account  of  services  or  supplies  authorized  by  law, 
but  either  not  embraced  by  a  specific  appropriation  or 
exceeding  the  sum  appropriated 280,000 

6.  For  a  current  addition  to  the  sums  raised  by  loan  or  issues 

of  treasury  notes  towards  defraying  the  general  ex 
penses  of  the  war 2,000,000 

7.  For  the  gradual  establishment  of  a  sinking  fund  to  extin 

guish  the  debt  incurred  during  the  war 500,000 

8.  For  a  contingent  fund  to  meet  sudden  and  occasional  de 

mands  upon  the  treasury 1,500,000 

$21,000,000 

II.  It  is  proposed  that  during  the  war,  and  until  the  claims 
contemplated  by  the  preceding  proposition  are  completely  satis 
fied,  or  other  adequate  funds  shall  be  provided  and  substituted 
by  law,  there  shall  be  annually  raised  by  the  means  here  speci 
fied  the  following  sums  : 

1.  By  the  customs  (which  cannot  be  safely  estimated  during 

the  war  at  a  higher  product) $4,000,000 

2.  By  the  existing  internal  duties 2,700,000 

3.  By  the  existing  direct  tax 2,500,000 

4.  By  the  sales  of  public  lands  (which  cannot  be  safely  esti 

mated  during  the  war  at  a  higher  product) 800.000 

5.  By  an  addition  to  the  existing  direct  tax  of  100  per  cent.      2,850.000 

6.  By  an  addition  of  100  per  cent    on  the  present  auction 

duties 150,000 

7.  By  an  addition  of  100  per  cent,  on  the  existing  duties 

upon  carriages 200,000 

8.  By  an  addition  of  50  per  cent,  on  the  existing  duties  on 

licenses  to  retail  wines,  spirituous  liquors,  and  foreign 
merchandise 300,000 

9.  By  an  addition  of  100  per  cent,  on  the  existing  rate  of 

postage 500,000 

10.  By  the  proceeds  of  the  new  duties  specified  in  the  an 
nexed  schedule,  marked  A,  making  in  the  aggregate...      7,000,000 

$21,000,000 

III.  It  is  proposed  that  a  national  bank  shall  be  incorporated 
for  a  term  of  twenty  years,  to  be  established  at  Philadelphia, 
with  a  power  to  erect  offices  of  discount  and  deposit  elsewhere, 
upon  the  following  principles  : 


238  APPENDICES. 

1.  That  the  capital  of  the  bank  shall  be  $50,000,000,  to  be 
divided  into  100,000  shares  of  $500  each.     Three-fifths  of  the 
capital,  being  60,000  shares,  amounting  to  $30,000,000,  to  be  sub 
scribed  by  corporations,  companies,  or  individual^ ;  and  two-fifths 
of  the  capital,  being-  40,000  shares,  amounting  to  $20,000,000, 
to  be  subscribed  by  the  United  States. 

2.  That  the  subscriptions  of  corporations,  companies,  and  indi 
viduals  shall  be  paid  for  in  the  following-  manner: 

One-fifth  part,  or  $6,000,000,  in  gold  or  silver  coin. 

Four-fifth  parts,  or  $24,000,000,  in  gold  or  silver  coin,  or  in  six 
per  cent,  stock  issued  since  the  declaration  of  war,  and  treasury 
notes,  in  the  proportion  of  one-fifth  in  treasury  notes  and  three- 
fifths  in  six  per  cent,  stock. 

3.  That  the  subscriptions  of  corporations,  companies,  and  in 
dividuals  shall  be  paid  at  the  following  periods: 

$20  on  each  share,  to  be  paid  at  the  time  of  subscribing,  in 

gold  or  silver  coin $1,200,000 

40  on  each  share,  to  be  paid  in  gold  or  silver  coin  one 

month  after  the  subscription 2,400,000 

40  on  each  share,  in  two  months  after  the  subscription, 

in  gold  or  silver  coin 2,400,000 


$100  specie $P,000,000 

100  on  each  share,  in  gold  or  silver  coin,  or  in  six  per  cent. 

stock,  or  in   treasury  notes,  according  to  the  preceding 

apportionment,  to  be  paid  at  the  time  of  subscribing....  6,000,000 
150  on  each  share,  to  be  paid  in  like  manner  in  two  months 

after  subscribing 9,000,000 

150  on  each  share,  to  be  paid  in  like  manner  in  three  months 

after  subscribing 9,000,000 


$500 $30,000,000 

4.  That  the  subscription  of  the  United  States  shall  be  paid  in 
six  per  cent,  stock,  at  the  same  periods  and  in  the  same  propor 
tions    as  the  payments  of  private   subscriptions  in   stock  and 
treasury  notes. 

5.  That  the  United  States  may  substitute  six  per  cent,  stock 
for  the  amount  of  the  treasury  notes  subscribed  by  corporations, 
companies,  and  individuals,   as  the  notes  respectively  become 
due  and  payable. 

6.  That  the  bank  shall  loan  to  the  United  States  $30,000,000, 
at  an  interest  of  six  per  cent.,  at  such  periods  and  in  such  sums 
as  shall  be  found  mutually  convenient. 

7.  That  no  part  of  the  public  stock,  constituting  a  portion  of 
the  capital  of  the  bank  shall  be  sold  during  the  war,  nor  at  any 
subsequent  time,  for  less  than  par ;  nor  at  any  time  to  an  amount 
exceeding  one  moiety,  without  the  consent  of  Congress. 

8.  That  provision  shall  be  made  for  protecting  the  bank-notes 


OFFICIAL   LETTEES.  239 

from  forgery ;  for  limiting  the  issue  of  bank-notes ;  and  for  re 
ceiving  them  in  all  payments  to  the  United  States. 

9.  That  the  capital  of  the  bank,  its  notes,  deposits,  dividends, 
or  profits  (its  real  estate  only  excepted),  shall  not  be  subject  to 
taxation  by  the  United  States  or  by  any  individual  State. 

10.  That  no  other  bank  shall    be  established   by   Congress 
during  the  term  for  which  the  national  bank  is  incorporated. 

11.  That  the  national  bank  shall  be  governed  by  fifteen  direc 
tors,  being  resident  citizens  of  the  United  States  and  stockhold 
ers.     The  President  of  the  United  States  shall  annually  name 
five  directors,  and  designate  one  of  the  five  to  be  the  president  of 
the  bank.     The  other  directors  shall  be  annually  chosen  by  the 
qualified  stockholders,  in  person  or  by  proxy,  if  resident  within 
the  United  States,  voting  upon  a  scale  graduated  according  to 
the  number  of  shares  which  they  respectively  hold.     The  cashier 
and  other  officers  of  the  bank  to  be  appointed  as  is  usual  in 
similar  institutions. 

12.  That   the  directors   of  the  national   bank   shall   appoint 
seven  persons,  one  of  whom  to  preside,  as  the  managers  of  each 
office  of  discount  and  deposit,  and  one  person  to  be  the  cashier. 

13.  That  the  general  powers,  privileges,  and  regulations  of  the 
bank  shall  be  the  same  as  are  usual  in  similar  institutions  ;  but 
with  this  special  provision,  that  the  general  accounts  shall  be 
subject  to  the  inspection  of  the  Secretary  of  the  Treasury. 

IV.  It  is  proposed  that,  after  having  thus  provided  for  the 
punctual  payment  of  the  interest  upon  every  denomination  of 
public  debt ;  for  raising  annually  a  portion  of  the  annual  expense 
by  taxes ;  for  establishing  a  sinking  fund,  in  relation  to  the  new 
debt  as  well  as  in  relation  to  the  old  debt;  and  for  securing  to 
the  public  the  efficient  agency  of  a  national  bank, — the  only  re 
maining  object  of  supply  shall  be  accomplished  by  annual  loans 
and  issues  of  treasury  notes,  if,  unexpectedly,  such  issues  should 
continue  to  be  necessary  or  expedient. 

1.  The  amount  of  annual  expenditure  during  the  war  exceed 
ing  the  sums  provided  for,  does  not  admit  of  a  prospective  esti 
mate  beyond  the  year  1815 ;  but  for  that  year  it  may  be  estimated 
with  sufficient  accuracy  for  the  general  purposes  of  the  present 
communication,  at  $28,000,000. 

2.  Then  for  the  year  1815  an  additional  provision  must  be 
made,  authorizing  a  loan  and  the  issue  of  treasury  notes  to  an 
equal  amount,  $28,000,000. 

V.  It  is  proposed  that  the  accounts  for  authorized  expenses 
being  duly  stated  and  settled,  a  certificate  or  debenture  shall 
issue  to  the  accountant  specifying  the  balance ;  and  that  in  all 
cases  where  there  has  been  no  specific  appropriation,  or  the 
claim  exceeds  the  amount  of  the  sum  appropriated,  the  balance 
shall  bear  an  interest  of  three  per  cent,  until  provision  is  made  by 
law  for  paying  the  amount. 


240  APPENDICES. 

VI.  And  finally,  it  is  proposed  to  relieve  the  treasury  from 
an  immediate  pressure  upon  the  principles  of  the  following  state 
ment  : 

1.  The  amount  of  demands  upon  the  treasury  (exclusively 

of  balances  of  appropriations  for  former  years  unsat 
isfied)  was  stated  in  the  report  of  the  late  Secretary 
of  the  Treasury  of  the  28d  of  September,  1814,  to 
be  on  the  30th  of  June $27,576,391  19 

2.  The  accounts  of  the  third  quarter  of  1814  are  not  yet 

made  up,  and  the  precise  sums  paid  during  that 
quarter  cannot  now  be  ascertained ;  but  they 
amount  to  nearly 8,400,000  00 


Leaving  to  be  paid  in  the  4th  quarter  of  1814 $19,176,391  19 

3.  This  balance  payable  during  the  4th  quarter  of  1814 

consists  of  the  following  items  : 
Civil,  diplomatic,  and  miscellaneous  ex 
penses,  about $353,292  99 

Military,  about 8,792,688  00 

Naval,  about 2,382,010  97 

Public  debt,  about 7,648,419  23 

$19,176,391  19 

4.  The  existing  provisions  by  law  for  the  payment  of  this 

balance  of  $19,176,391  19,  may  be  stated  as  follows: 
The  act  of  the  24th  of  March,  1814,  authorized  a  loan  for  $25,000,000  00 
The  act  of  the  4th  of  March,  1814,  authorized  an  issue 

of  treasury  notes  for 5,000,000  00 


$30,000,000  00 
Under  these  authorities  there  have  been 

borrowed  on  loan  about $10,895,000 

There  has  been  sent  to  Europe  in  six  per 

cent,  stock 6,000,000 

There  has  been  issued  in  treasury  notes,  3,504,000 

20,399,000  00 


$9,601,000  00 

There  remains  therefore  an  unexecuted 

authority  to  borrow $8,105,000 

To  issue  treasury  notes 1,496,000 

9,601,000  00 

The    demands   of   the    fourth   quarter 

being  then 19,176,391  19 

There  may  be  applied  to  meet  them  the 
revenue  accruing  during  the  quarter 
from  all  sources,  about $2,900,000 

Also,  payments  to  be  made  on  account 
of  loans  already  contracted  for,  ac 
cording  to  the  authority  above  stated, 

about 2,500,000 

5,400,000  00 


Leaving  a  balance  to  be  provided  for $13,776,391  19 


OFFICIAL  LETTERS.  241 

By  the  authority  remaining  to  borrow.    $8,105,000  00 

By  the  authority  remaining  to   issue 
treasury  notes 1,496,000  00 

By  an  additional  authority  to  be  granted 
by  law,  to  borrow  and  to  issue  treasury 

notes 4,175,391  19 

$13,776,391  19 

These  estimates,  however,  it  will  be  observed,  are  made  with 
a  view,  simply,  to  the  appropriations  by  law  for  the  expenses  of 
the  year  1814,  and  do  not  embrace  a  provision  to  satisfy  balances 
of  appropriations  made  for  the  expenses  of  preceding  years  which 
have  not  been  called  for  at  the  treasury.  But  it  will,  probably, 
be  deemed  expedient  to  make  such  provision  by  extending  the 
new  authority  to  borrow  from  the  above  balance,  to  $6,000,000. 
If  the  six  per  cent,  stock  which  has  been  sent  to  Europe  should 
be  there  disposed  of,  it  will  form  an  item  in  the  estimates  of  the 
ensuing  year. 

As  a  portion  of  the  amount  to  be  provided  during  the  present 
quarter  consists  of  treasury  notes  which  will  soon  be  due,  it  will 
be  advisable  to  make  them  receivable  in  subscriptions  to  the  loan. 

It  is  proper  to  accompany  these  propositions  with  a  few  ex 
planatory  remarks : 

1.  The  first  proposition    contemplates   a  permanent  system  ; 
but  the  estimate  of  the  particular  items  of  claims  and  demands 
upon  the  public  must  be  regarded  as  immediately  applying  to  the 
year  1815.     In  every  subsequent  year  there  will  necessarily  be 
some  variation  ;  as,  for  instance,  the  item  of  interest  on  the  old 
debt  will  annually  sink,  while  the  item  of  interest  on  the  new 
debt  will  annually  rise,  during  the  continuance  of  the  war. 

The  items  for  annually  raising  a  portion  of  the  public  expenses 
by  taxes,  and  for  applying  to  the  new  debt  a  sinking  fund  (grad 
ually  increasing,  until  it  becomes  commensurate  to  its  object) 
are  essential  features  in  the  plan  suggested  with  a  view  to  the 
revival  and  maintenance  of  public  credit.  The  extinguishment 
of  the  old  debt  is  already  in  rapid  operation  by  the  wise  precau 
tion  of  a  similar  institution. 

2.  The  second  proposition  will,  doubtless,  generate  many  and 
very  various  objections.     The  endeavor  has  been,  however,  to 
spread  the  general  amount  of  the  taxes  over  a  wide  surface  with 
a  hand  as  light  and  equal  as  is  consistent  with  convenience  in 
the  process  and  certainty  in  the  result. 

All  the  opportunities  of  observation,  and  all  the  means  of 
information  that  have  been  possessed,  leave  no  doubt  upon  the 
disposition  of  the  people  to  contribute  generously  for  relieving  the 
necessities  of  their  country;  and  it  has  been  thought  unworthy 
of  that  patriotic  disposition  to  dwell  upon  scanty  means  of 
supply,  or  short-lived  expedients.  Whenever  the  war  shall  be 


242  APPENDICES. 

happily  terminated  in  an  honorable  peace,  and  the  treasury 
shall  be  again  replenished  by  the  tributary  streams  of  commerce, 
it  will  be  at  once  a  duty  and  a  pleasure  to  recommend  an  allevia 
tion,  if  not  an  entire  exoneration,  of  the  burthens  which  neces 
sarily  fall  at  present  upon  the  agriculture  and  manufactures  of 
the  nation. 

3.  In  making  a  proposition  for  the  establishment  of  a  national 
bank,  I  cannot  be  insensible  to  the  high  authority  of  the  names 
which  have  appeared  in  opposition  to  that  measure  upon  consti 
tutional  grounds.  It  would  be  presumptuous  to  conjecture  that 
the  sentiments  which  actuated  the  opposition  have  passed  away; 
and  yet  it  would  be  denying  to  experience  a  great  practical  ad 
vantage,  were  we  to  suppose  that  a  difference  of  times  and 
circumstances  would  not  produce  a  corresponding  difference  in 
the  opinions  of  the  wisest  as  well  as  of  the  purest  men.  But  in 
the  present  case  a  change  of  private  opinion  is  not  material  to 
the  success  of  the  proposition  for  establishing  a  national  bank. 
In  the  administration  of  human  affairs,  there  must  be  a  period 
when  discussion  shall  cease  and  decision  shall  become  absolute. 
A  diversity  of  opinion  may  honorably  survive  the  contest ;  but, 
upon  the  genuine  principles  of  a  representative  government,  the 
opinion  of  the  majority  can  alone  be  carried  into  action.  The 
judge  who  dissents  from  the  majority  of  the  bench  changes  not 
his  opinion,  but  performs  his  duty,  when  he  enforces  the  judg 
ment  of  the  court,  although  it  is  contrary  to  his  own  convictions. 
An  oath  to  support  the  constitution  and  the  laws  is  not,  therefore, 
an  oath  to  support  them  under  all  circumstances,  according  to  the 
opinion  of  the  individual  who  takes  it,  but  it  is,  emphatically,  an 
oath  to  support  them  according  to  the  interpretation  of  the  legiti 
mate  authorities.  For  the  erroneous  decisions  of  a  court  of  law 
there  is  the  redress  of  a  censorial  as  well  as  of  an  appellate 
jurisdiction.  Over  an  act  founded  upon  an  exposition  of  the 
constitution  made  by  the  legislative  department  of  the  govern 
ment,  but  alleged  to  be  incorrect,  we  have  seen  the  judicial  de 
partment  exercise  a  remedial  power.  And  even  if  all  the  depart 
ments — legislative,  executive,  and  judicial — should  concur  in  the 
exercise  of  a  power  which  is  either  thought  to  transcend  the 
constitutional  trust  or  to  operate  injuriously  upon  the  community, 
the  case  is  still  within  the  reach  of  a  competent  control,  through 
the  medium  of  an  amendment  to  the  constitution,  upon  the 
proposition  not  only  of  Congress  but  of  the  several  States. 
When,  therefore,  we  have  marked  the  existence  of  a  national 
bank  for  a  period  of  twenty  years,  with  all  the  sanctions  of  the 
legislative,  executive,  and  judicial  authorities  ;  when  we  have 
seen  the  dissolution  of  one  institution,  and  heard  a  loud  and 
continued  call  for  the  establishment  of  another ;  when,  under 
these  circumstances,  neither  Congress  nor  the  several  States 


OFFICIAL   LETTERS.  243 

have  resorted  to  the  power  of  amendment, — can  it  be  deemed  a 
violation  of  the  right  of  private  opinion  to  consider  the  constitu 
tionality  of  a  national  bank  as  a  question  forever  settled  and  at 
rest  ? 

But,  after  all,  I  should  not  merit  the  confidence  which  it  will 
be  my  ambition  to  acquire,  if  I  were  to  suppress  the  declaration 
of  an  opinion  that,  in  these  times,  the  establishment  of  a  national 
bank  will  not  only  be  useful  in  promoting  the  general  welfare, 
but  that  it  is  necessary  and  proper  for  carrying  into  execution 
some  of  the  most  important  powers  constitutionally  vested  in  the 
government. 

Upon  the  principles  and  regulations  of  the  national  bank  it 
may  be  sufficient  to  remark  that  they  will  be  best  unfolded  in  the 
form  of  a  bill,  which  shall  be  immediately  prepared.  A  com 
pound  capital  is  suggested,  with  a  design  equally  to  accommodate 
the  subscribers  and  to  aid  the  general  measures  for  the  revival 
of  public  credit ;  but  the  proportions  of  specie  and  stock  may  be 
varied,  if  the  scarcity  of  coin  should  render  it  expedient,  yet  not 
in  so  great  a  degree  as.  to  prevent  an  early  commencement  of 
the  money  operations  of  the  institution. 

4.  The  estimates  of  receipts  from  established  sources  of  reve 
nue  and  from  the  proposed  new  duties,  and  the  estimates  of 
expenditures  on  all  the  objects  contemplated  in  the  present  com 
munication,  have  been  made  upon  a  call  so  sudden,  and  upon 
materials  so  scattered,  that  it  is  not  intended  to  claim  a  perfect 
reliance  on  their  accuracy.  They  are,  however,  believed  to  be 
sufficiently  accurate  to  illustrate  and  support  the  general  plan  for 
the  revival  of  the  public  credit,  the  establisment  of  a  permanent 
system  of  revenue,  and  the  removal  of  the  immediate  pressure 
on  the  treasury. 

Upon  the  whole,  sir,  I  have  freely  and  openly  assumed  the 
responsibility  of  the  station  in  which  I  have  the  honor  to  be 
placed.  But,  conscious  of  the  imperfections  of  the  judgment 
that  dictates  the  answer  to  the  important  inquiries  of  the  Com 
mittee  of  Ways  and  Means,  I  derive  the  highest  satisfaction  from 
reflecting  that  the  honor  and  safety  of  the  nation,  for  war  or  for 
peace,  depend  on  the  wisdom,  patriotism,  and  fortitude  of  Con 
gress  during  times  which  imperiously  demand  a  display  of  those 
qualities  in  the  exercise  of  the  legislative  authority. 

I  have  the  honor  to  be,  very  respectfully,  sir,  your  most 
obedient  servant, 

A.  J.  DALLAS. 
J.  W.  EPPES,  Esq.,  Chairman  of  the  Committee  of  Ways  and 

Means. 


244  APPENDICES. 

LETTER 

FROM   THE    CHAIRMAN   OF   THE   SELECT   COMMITTEE, 

To  whom  was  recommitted,  on  the  twenty-fifth  instant,  the  bill,  entitled 
"An  Act  to  Incorporate  the  Subscribers  to  the  Bank  of  the  United 
States  of  America,"  to  the  Secretary  of  the  Treasury,  requesting  his 
opinion  on  the  provisions  of  the  said  bill,  particularly  thoir  effects  upon 
the  prospects  of  a  loan  for  1815,  with  the  answer  of  the  Secretary  of 
the  Treasury. 

WASHINGTON,  November  27,  1814. 

SIR, —  The  committee  of  the  House  of  Representatives,  to 
which  the  bank  bill  was  recommitted  on  Friday  last,  have  directed 
me  to  request  you  to  communicate  your  opinion  in  relation  to  the 
effect  which  a  considerable  issue  of  treasury  notes  (to  which 
should  be  attached  the  quality  of  being  receivable  in  subscriptions 
to  the  bank)  might  have  upon  the  credit  of  the  government,  and 
particularly  upon  the  prospects  of  a  loan  for  1815. 

As  the  bill,  as  it  was  referred  to  the  committee,  provides  for 
the  subscription  of  forty-four  millions  of  treasury  notes  to  form, 
with  six  millions  of  specie,  the  capital  of  the  bank,  any  information 
which  you  may  think  proper  to  give,  either  in  relation  to  the 
practicability  of  getting  them  into  circulation  without  deprecia 
tion,  or  in  regard  to  their  operation  on  any  part  of  our  fiscal 
system  afterwards,  will  be  very  acceptable. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

WM.  LOWNDES. 

To  the  Honorable  the  Secretary  of  the  Treasury. 

TREASURY  DEPARTMENT,  November  27,  1814. 

SIR, — I  have  the  honor  to  acknowledge  the  receipt  of  your 
letter,  requesting,  for  a  committee  of  the  House  of  Representa 
tives,  an  opinion  upon  the  following  inquiries: 

1.  The  effect  which  a  considerable  issue  of  treasury  notes,  with 
the  quality  of  being  receivable  in  subscriptions  to  a  national 
bank,  will  have  upon  the  credit  of  the  government,  and  particu 
larly  upon  the  prospects  of  a  loan  for  1815? 

2.  The  practicability  of  getting  forty-four  millions  of  treasury 
notes   (forming,  with  six  millions  of  specie,  the  capital  for  a 
national  bank)  into  circulation  without  depreciation  ? 

The  inquiries  of  the  committee  cannot  be  satisfactorily  an 
swered  in  the  abstract ;  but  must  be  considered  in  connection 
with  the  state  of  our  finances  and  the  state  of  the  public  credit. 

When  I  arrived  at  Washington,  the  treasury  was  suffering 
under  every  kind  of  embarrassment.  The  demands  upon  it  were 
great  in  amount,  while  the  means  to  satisfy  them  were  compara 
tively  small;  precarious  in  the  collection,  and  difficult  in  the 


OFFICIAL   LETTERS.  245 

application.  The  demands  consisted  of  dividends  upon  old  and 
new  funded  debt,  of  treasury  notes,  and  of  legislative  appropria 
tions  for  the  army,  the  navy,  and  the  current  service, — all  urgent 
and  important.  The  means  consisted, — First,  of  the  fragment  of 
an  authority  to  borrow  money  when  nobody  was  disposed  to 
lend,  and  to  issue  treasury  notes  which  none  but  necessitous 
creditors,  or  contractors  in  distress,  or  commissaries,  quarter 
masters,  and  navy  agents,  acting,  as  it  were,  officially,  seemed 
willing  to  accept.  Second,  of  the  amount  of  bank  credits  scat 
tered  throughout  the  United  States,  and  principally  in  the  southern 
and  western  banks,  which  had  been  rendered  in  a  great  degree 
useless  by  the  stoppage  of  payments  in  specie,  and  the  consequent 
impracticability  of  transferring  the  public  funds  from  one  place 
to  meet  the  public  engagements  in  another  place.  And  third, 
of  the  current  supply  of  money  from  the  imposts,  from  internal 
duties,  and  from  the  sales  of  public  land,  which  ceased  to  be  a 
foundation  of  any  rational  estimate,  or  reserve,  to  provide  even 
for  the  dividends  on  the  funded  debt,  when  it  was  found  that  the 
treasury  notes  (only  requiring,  indeed,  a  cash  payment  at  the 
distance  of  a  year),  to  whomsoever  they  were  issued  at  the 
treasury,  and  almost  as  soon  as  they  were  issued,  reached  the 
hands  of  the  collectors  in  payments  of  debts,  duties,  and  taxes ; 
thus  disappointing  and  defeating  the  only  remaining  expectation 
of  productive  revenue. 

Under  these  circumstances  (which  I  had  the  honor  to  commu 
nicate  to  the  Committee  of  Ways  and  Means),  it  became  the  duty 
of  this  department  to  endeavor  to  remove  the  immediate  pressure 
from  the  treasury ;  to  endeavor  to  restore  the  public  credit ;  and 
to  endeavor  to  provide  for  the  expenses  of  the  ensuing  year. 
The  only  measures  that  occurred  to  my  mind  for  the  accomplish 
ment  of  such  important  objects  have  been  presented  to  the  view 
of  Congress.  The  act  authorizing  the  receipt  of  treasury  notes  in 
payment  of  subscriptions  to  a  public  loan  was  passed,  I  fear,  too 
late  to  answer  the  purpose  for  which  it  was  designed.  It 
promises,  at  this  time,  little  relief  either  as  an  instrument  to  raise 
money  or  to  absorb  the  claims  for  treasury  notes,  which  are  daily 
becoming  due.  From  this  cause,  and  from  other  obvious  causes, 
the  dividend  on  the  funded  debt  has  not  been  punctually  paid; 
a  large  amount  of  treasury  notes  has  already  been  dishonored, 
and  the  hope  of  preventing  further  injury  and  reproach  in  trans 
acting  the  business  of  the  treasury  is  too  visionary  to  afford  a 
moment's  consolation. 

The  actual  condition  of  the  treasury,  thus  described,  will 
serve  to  indicate  the  state  of  the  public  credit.  Public  credit 
depends  essentially  upon  public  opinion.  The  usual  test  of  pub 
lic  credit  is,  indeed,  the  value  of  the  public  debt.  The  faculty 
of  borrowing  money  is  not  a  test  of  public  credit :  for  a  faithless 


246  APPENDICES. 

government,  like  a  desperate  individual,  has  only  to  increase  the 
premium,  according-  to  the  exigency,  in  order  to  secure  a  loan. 
Thus  public  opinion,  manifested  in  every  form,  and  in  every 
direction,  hardly  permits  us,  at  the  present  juncture,  to  speak  of 
the  existence  of  public  credit;  and  yet,  it  is  not  impossible  that 
the  government,  in  the  resources  of  its  patronage  and  its  pledges, 
might  find  the  means  of  tempting  the  rich  and  the  avaricious  to 
supply  its  immediate  wants.  But  when  the  wants  of  to-day  are 
supplied,  what  is  the  new  expedient  that  shall  supply  the  wants 
of  to-morrow  ?  If  it  is  now  a  charter  of  incorporation,  it  may 
then  be  a  grant  of  land ;  but,  after  all,  the  immeasurable  tracts 
of  the  western  wild  would  be  exhausted  in  successive  efforts  to 
obtain  pecuniary  aids,  and  still  leave  the  government  necessitous, 
unless  the  foundations  of  public  credit  were  re-established  and 
maintained.  In  the  measures,  therefore,  which  it  has  been  my 
duty  to  suggest,  I  have  endeavored  to  introduce  a  permanent 
plan  for  reviving  the  public  credit;  of  which  the  facility  of  bor 
rowing  money  in  anticipation  of  settled  and  productive  revenues, 
is  only  an  incident,  although  it  is  an  incident  as  durable  as  the 
plan  itself.  The  outline  seemed  to  embrace  whatever  was 
requisite,  to  leave  no  doubt  upon  the  power  and  the  disposition 
of  the  government,  in  relation  to  its  pecuniary  engagements  ;  to 
diminish,  and  not  to  augment,  the  amount  of  the  public  debt  in 
the  hands  of  individuals,  and  to  create  general  confidence,  rather 
by  the  manner  of  treating  the  claims  of  the  present  class  of 
creditors  than  by  the  manner  of  conciliating  the  favor  of  a  new 
class. 

With  these  explanatory  remarks,  sir,  I  proceed  to  answer, 
specifically,  the  questions  which  you  have  proposed : 

I.  I  am  of  opinion,  that  a  considerable  issue  of  treasury  notes, 
with  the  quality  of  being  receivable  in  subscriptions  to  a  national 
bank,  will  have  an  injurious  effect  upon  the  credit  of  the  govern 
ment,  and  also  upon  the  prospects  of  a  loan  for  1&15. 

Because,  it  will  confer,  gratuitously,  an  advantage  upon  a  class 
of  new  creditors  over  the  present  creditors  of  the  government, 
standing  on  a  footing  of  at  least  equal  merit. 

Because,  it  will  excite  general  dissatisfaction  among  the  present 
holders  of  the  public  debt,  and  general  distrust  among  the  capi 
talists,  who  are  accustomed  to  advance  their  money  to  the  govern 
ment. 

Because,  a  quality  of  subscribing  to  the  national  bank  attached 
to  treasury  notes  exclusively,  will  tend  to  depreciate  the  value 
of  all  public  debt  not  possessing  that  quality ;  and  whatever  de 
preciates  the  value  of  the  public  debt,  in  this  way,  must  neces 
sarily  impair  the  public  credit. 

Because,  the  specie  capital  of  the  citizens  of  the  United  States, 
so  far  as  it  may  be  deemed  applicable  to  investments  in  the  public 


OFFICIAL    LETTERS.  247 

stocks,  has  already,  in  a  great  measure,  been  so  vested  ;  the  hold 
ers  of  the  present  debt  will  be  unable  to  become  subscribers  to 
the  bank  (if  that  object  should,  eventually,  prove  desirable) 
without  selling  their  stock  at  a  depreciated  rate,  in  order  to  pro 
cure  the  whole  amount  of  their  subscriptions  in  treasury  notes ; 
and  a  general  depression  in  the  value  of  the  public  debt  will 
inevitably  ensue. 

Because,  the  very  proposition  of  making  a  considerable  issue 
of  treasury  notes,  even  with  the  quality  of  being  subscribed  to  a 
national  bank,  can  only  be  regarded  as  an  experiment,  on  which 
it  seems  dangerous  to  rely  ;  the  treasury  notes  must  be  pur 
chased  at  par,  with  money  ;  a  new  set  of  creditors  are  to  be 
created ;  it  may,  or  it  may  not,  be  deemed  an  object  of  specula 
tion  by  the  money-holders  to  subscribe  to  the  bank ;  the  result 
of  the  experiment  cannot  be  ascertained  until  it  will  be  too  late 
to  provide  a  remedy  in  case  of  failure ;  while  the  credit  of  the 
government  will  be  affected  by  every  circumstance  which  keeps 
the  efficacy  of  its  fiscal  operations  in  suspense  or  doubt. 

Because,  the  prospect  of  a  loan  for  the  year  1815,  without  the 
aid  of  a  bank,  is  faint  and  unpromising ;  except,  perhaps,  so  far 
as  the  pledge  of  a  specific  tax  may  succeed;  and  then,  it  must 
be  recollected,  that  a  considerable  supply  of  money  will  be  re 
quired,  for  the  prosecution  of  the  war,  beyond  the  whole  amount 
of  the  taxes  to  be  levied. 

Because,  if  the  loan  for  the  year  1815  be  made  to  depend  upon 
the  issue  of  treasury  notes,  subscribable  to  the  national  bank,  it 
will  probably  fail  for  the  reasons  which  have  already  been  sug 
gested  ;  and  if  the  loan  be  independent  of  that  operation,  a  con 
siderable  issue  of  treasury  notes,  for  the  purpose  of  creating  a 
bank  capital,  must,  it  is  believed,  deprive  the  government  of 
every  chance  of  raising  money  in  any  other  manner. 

II.  I  am  of  opinion,  that  it  will  be  extremely  difficult,  if  not 
impracticable,  to  get  forty-four  millions  of  treasury  notes  (form 
ing,  with  six  millions  of  specie,  the  capital  of  a  national  bank) 
into  circulation,  with  or  without  depreciation. 

Because,  if  the  subscription  to  the  bank  becomes  an  object  of 
speculation,  the  treasury  notes  will  probably  be  purchased  at  the 
treasury  and  at  the  loan-offices,  and  never  pass  into  circulation 
at  all. 

Because,  whatever  portion  of  the  treasury  notes  might  pass 
into  circulation,  would  be  speedily  withdrawn,  by  the  speculators 
in  the  subscription  to  the  bank,  after  arts  had  been  employed  to 
depreciate  their  value. 

Because,  it  is  not  believed  that,  in  the  present  state  of  the 
public  credit,  forty-four  millions  of  treasury  notes  can  be  sent 
into  circulation.  The  only  difference  between  the  treasury  notes 
now  issued  and  dishonored  and  those  proposed  to  be  issued, 


248  APPENDICES. 

consists  in  the  subscribable  quality ;  but  reasons  have  been 
already  assigned  for  an  opinion,  that  this  difference  does  not 
afford  such  confidence  in  the  experiment,  as  seems  requisite  to 
justify  a  reliance  upon  it,  for  accomplishing  some  of  the  most 
interesting  objects  of  the  government, 

I  must  beg  you,  sir,  to  pardon  the  haste  with  which  I  have 
written  these  general  answers  to  your  inquiries.  But  knowing 
the  importance  of  time,  and  feeling  a  desire  to  avoid  every 
appearance  of  contributing  to  the  loss  of  a  moment,  I  have 
chosen  rather  to  rest  upon  the  intelligence  and  candor  of  the 
committee  than  to  enter  upon  a  more  labored  investigation  of 
the  subject  referred  to  me. 

I  have  the  honor  to  be,  very  respectfully,  sir,  your  most  obe 
dient  servant, 

A.  J.  DALLAS. 

WILLIAM  LOWNDES,  Esquire. 

WASHINGTON,  Dec.  2,  1814. 

SIR, — Your  letter  of  the  27th  of  November  has  been  referred 
to  the  Committee  of  Ways  and  Means,  and  I  am  instructed  to 
ask  for  the  amount  of  the  payments  to  be  made  during  the  pres 
ent  quarter  on  account  of  the  public  debt,  the  funds  prepared  to 
meet  those  payments,  and  any  other  information  which  may 
enable  the  committee  to  decide  as  to  the  necessity  of  adopting 
additional  measures  for  meeting  the  public  engagements  during 
the  present  quarter  of  the  year. 

I  have  the  honor  to  be  your  most  obedient, 

JOHN  W.  EPPES. 
Honorable  Mr.  DALLAS,  Secretary  of  the  Treasury. 

TREASURY  DEPARTMENT,  December  2,  1814. 

SIR, — I  have  the  honor  to  acknowledge  the  receipt  of  your 
letter,  dated  this  morning,  stating  that  mine  of  the  '27th  of  No 
vember,  addressed  to  the  Committee  on  a  National  Bank,  has  been 
referred  to  the  Committee  of  Ways  and  Means. 

In  my  communications  to  the  committees  of  Congress,  I  have 
never  been  disposed  to  disguise  the  embarrassments  of  the  treas 
ury.  A  frank  and  full  development  of  existing  evils  will  always, 
I  hope,  be  best  calculated  to  secure  the  attention  and  exertion  of 
the  public  authorities,  and,  with  legislative  aid,  I  am  still  con 
fident  that  all  the  difficulties  of  a  deficient  revenue,  a  suspended 
circulating  medium,  and  a  depressed  credit  may  be  speedily  and 
completely  overcome.  My  only  apprehension  arises  from  the 
lapse  of  time,  as  a  remedy  which  would  be  effectual  to-day  will, 
perhaps,  only  serve  to  increase  the  disorder  to-morrow. 

In  answering  the  inquiries  of  your  letter,  permit  me  to  state, 
1st,  the  amount  of  the  payments  which  were  to  be  made  during 


OFFICIAL   LETTERS.  249 

the  whole  of  the  present  quarter  on  account  of  the  public  debt, 
and  the  funds  prepared,  or  applicable,  to  meet  those  payments  ; 
2d,  the  payments  that  remain  to  be  made  and  the  funds  that  re 
main  to  meet  them  for  the  residue  of  the  quarter ;  and  3d,  general 
information  in  relation  to  additional  measures  for  meeting  the 
public  engagements. 

FIRST    POINT. 

It  is  respectfully  stated,  agreeably  to  an  estimate  which  was 
formed  on  the  4th  of  October,  1814: 

DR. 

1.  That,  during  the  quarter  commencing  the  1st  of  October, 

1814,  and  ending  the  1st  of  January,  1815,  including 
both  days,  there  was  payable  for  the  principal  and 
interest  of  treasury  notes  during  the  whole  quarter, 
chiefly  at  Boston,  New  York,  and  Philadelphia,  a  sum 
of $4,457,069  80 

2.  That,  during  the  same  period,  there  was  payable  for  the 

principal  and  interest  of  temporary  loans  at  Boston, 

Baltimore,  and  Charleston  the  sum  of 771,125  00 

3.  That,  during  the  same  period,  there  was  payable  in  divi 

dends  upon  the  public  funded  debt  at  the  several  loan 

offices  the  sum  of. 1,900,000  00 


$7,128,194  80 
CR. 

1.  That  there  were  bank  credits  scattered  throughout  the 

United  States,  on  the  1st  of  October,  1814,  amounting 

by  estimate  to 2,500,000  00 

2.  That  there  was  receivable  from  the  customs  during  the 

whole  quarter  the  sum  of 1,800,000  00 

3.  That  there  was    receivable  on  account  of  the  sales  of 

public  lands  during  the  same  period  a  sum  of 160,000  00 

4.  That  there  was  receivable  on  account  of  internal  duties 

and  direct  taxes  during  the  same  period  a  sum  of 900,000  00 

5.  That  there  was  receivable  on  account  of  loans  during  the 

same  period  a  sum  of 1,700,000  00 

6.  That  there  might  be  obtained  upon  an  issue  of  treasury 

notes  during  the  same  period  a  sum  of  about 2,500,000  00 

$9,560,000  00 
From  which  it  results, — 

1.  That  the  amount  of  the  whole  payments  for  dividends  of 
public  debt  for  temporary  loans  and  for  treasury  notes 
during  the  whole  of  the  current  quarter  was 7,128,194  80 

2  That  the  amount  of  the  whole  of  the  estimated  receipts 

of  the  treasury  was 9,560,000  00 


Leavinga  surplus  of  receipts  of $2,431,805  20 

It  is  believed  that  this  estimate,  formed  upon  official  facts  and 
experience,  would  have  been  substantially  realized  in  the  event 
if  the  banks  had  not  suddenly  determined  to  suspend  their  pay- 


250  APPENDICES. 

ments  in  specie.  But  for  that  occurrence  the  dividend  on  the 
public  debt  would  have  been  punctually  paid  to  the  individual 
creditors  of  Boston  on  the  1st  of  October  last,  the  transfer  of 
the  public  funds  from  one  place  to  another  place,  in  order  to  meet 
the  public  engagements,  would  have  continued  easy  and  certain, 
the  credit  and  use  of  treasury  notes  (limited  to  the  specified 
amount)  would  probably  have  been  preserved,  and  the  revenue 
arising  from  duties  and  taxes  would  not  have  been  materially  in 
tercepted,  if  at  all,  in  its  passage  to  the  treasury  by  payments  in 
treasury  notes. 

SECOND   POINT. 
DR. 

1.  That  of  the  principal  and  interest  of  the  treasury  notes, 
payable  during  the  present  quarter,  and  which  have 
already  fallen  due,  there  remains  on  this  day  unpaid  at 
the  places  mentioned  in  the  schedule  A,  the  sum  of...  $1,902,080  80 

2  That  the  principal  and  interest  of  the  treasury  notes, 
which  will  become  due  on  or  before  the  1st  of  January, 
1815,  at  the  places  mentioned  in  the  schedule  B, 
amount  to 1,243,720  00 

3.  That  the  dividends  on  the  public  debt,  payable  on  .the 

1st  of  January,    1815,    at   the   places   mentioned   in 

schedule  C,  amount  to  the  sum  of 1,873,000  00 

4.  That  the  principal  and  interest  of  temporary  loans,  pay 

able  during  the  present  quarter  and  contracted  at  the 
treasury,  in  part  execution  of  the  authority  granted  by 
the  act  of  Congress,  passed  the  14th  of  March,  1812, 
and  payable  at  Boston  on  the  15th  and  31st  of  De 
cember,  amount  to 506,875  00 

$5,526,275  80 
CR. 

1.  That  on  the  twenty-eighth  ultimo  there  were  bank  credits 

in  the  banks,  specified  in  the  schedule  D,  applicable 
to  the  payment  of  the  public  debt  during  the  pres 
ent  quarter,  deducting  the  amount  of  bank  credits 
($813,000),  which,  as  it  could  not  be  transferred  for  the 
payment  of  public  debt,  has  been  recently  applied  to 
the  appropriations  for  the  "War  and  Navy  Departments, 
amounting  to 2,372,287  13 

2.  That  the  amount,  receivable  during  the  remainder  of  the 

present  year,  on  account  of  the  loan  of  six  millions, 
applicable  also  to  the  payment  of  the  public  debt,  if 
no  failure  in  payment  occurs,  will  be  about 450,000  00 

3.  That  the  estimated  amount,  receivable  during  the  re 

mainder  of  the  present  year,  on  account  of  customs, 
applicable  also  to  the  payment  of  the  public  debt,  sub 
ject,  however,  to  various  contingencies,  such  as  the 
non-payment  of  bonds,  the  payment  of  bonds  in 
treasury  notes,  etc.,  may  be  stated  at 350,000  00 

4.  The  estimated  amount,  receivable  during  the  remainder 

of  the  present  year,  on  account  of  the  sales  of  public 
lands,  subject,  however,  to  contingent  payments  in 
treasury  notes,  may  be  stated  at 150,000  00 


OFFICIAL   LETTERS.  251 

5.  The  estimated  amount,  receivable  during  the  remainder 
of  the  present  year,  for  internal  duties  and  direct  tax, 
subject,  however,  to  contingent  payments  in  treasury 
notes,  may  be  stated  at $450,000  00 

$3,772,287  13 

From  this  second  view  of  the  debit  and  credit  of  the  account, 
limited  merely  to  the  payment  of  the  public  debt,  becoming  due 
for  the  residue  of  the  present  quarter,  it  appears, — 

1.  That  the  debt  amounts  to  the  sum  of 5,526,275  80 

2.  That  the  resources  to  pay  the  debt,  excluding  the  sum 

applied  to  the  Army  and  Navy  Departments  as  before 
stated,  and  excluding  the  possible  proceeds  of  new 
loans  and  new  issues. of  treasury  notes,  for  the  single 
purpose  of  paying  public  debt,  amount  to 3,772,287  13 

$1,753,988  67 

The  difference  between  the  results  of  the  statements,  under 
the  first  and  the  second  points,  will  be  accounted  for  by  the  un 
expected  effect  of  payments  in  treasury  notes  on  account  of  duties, 
taxes,  and  land ;  by  the  total  cessation  of  the  use  of  treasury 
notes  either  to  pay  the  public  creditors  or  to  raise  money ;  and 
by  an  unavoidable  variance  in  estimates,  depending  upon  a  vari 
ance  in  the  state  of  information  at  the  treasury.  A  priority  of 
payment  may  be  justly  claimed  by  the  holders  of  the  funded 
debt ;  and,  therefore,  it  is  proper  to  add, — 

1.  That  the  amount  of  public  credits,  as  estimated  in  the 

preceding  statements,  is  the  sum  of $3,772,287  13 

2.  That  the  amount  of  the  dividend  on  the  old  and  new 

funded  debt,  payable  on  the  1st  of  January,  1815,  is 

the  sum  of 1,873,000  00 


3.  And   that,  consequently,  the  surplus  of   the   resources, 

after  satisfying  that  single  object,  is  the  sum  of. $1,899,287  13 

It  will  be  observed  that  these  estimates  do  not  include,  as  an 
item  of  the  debt,  the  dividend  on  the  funded  debt,  amounting  to 
$200,000,  which  was  not  actually  paid  to  the  individual  credi 
tors  at  Boston  on  the  1st  of  October  last.  But  it  is  omitted, 
because  an  adequate  fund  in  the  State  bank  was  seasonably 
provided  for  the  occasion,  and  the  usual  treasury  draft  was  issued 
in  favor  of  the  commissioner  of  loans,  so  as  to  deduct  a  corre 
sponding  amount  from  the  bank  credits  of  the  government. 
The  State  bank  declined,  for  several  reasons  (which  it  is  un 
necessary  to  repeat),  paying  in  coin  or  in  bank-notes,  and  most 
of  the  public  creditors  refused  to  accept  the  treasury  notes,  which 
the  bank  offered  to  them  as  an  alternative  payment.  It  is  not 
considered  that  under  these  circumstances,  connected  with  the 
general  state  of  the  circulating  medium  (which  places  the  power 


252  APPENDICES. 

of  the  government  to  meet  its  engagements  on  the  same  footing 
with  the  power  of  the  most  opulent  of  its  citizens),  there  can 
exist  any  just  reproach  upon  the  public  credit  or  resources.  But, 
nevertheless,  efforts  have  been  anxiously  made  by  this  depart 
ment,  and  are  still  in  operation,  to  satisfy  the  public  creditors 
independent  of  the  fund  which  was  originally  set  apart,  and 
which  still  remains  on  deposit  at  the  State  bank,  by  all  the  re 
maining  means,  at  the  disposal  of  the  treasury. 

Nor,  on  the  other  hand,  have  I  included  in  the  statement  of  our 
resources  to  pay  the  public  debt  the  unexecuted  authority  to 
borrow  upon  public  loans,  and  to  issue  treasury  notes.  I  have 
only  included  the  items  of  revenue,  which,  in  ordinary  times, 
would  be  deemed  certain  and  effective  ;  reserving  any  surplus  of 
those  items,  with  the  loan  and  the  treasury  notes,  to  meet  the 
general  appropriations  for  the  public  service. 


THIRD   POINT. 

It  is  respectfully  stated  that  the  non-payment  of  the  treasury 
notes,  and  the  hazard  of  not  being  able  to  pay  the  dividend 
on  the  public  debt,  according  to  the  respective  contracts,  was 
chiefly  (I  believe  entirely)  owing  to  the  suspension  of  specie 
payments  at  the  banks,  and  the  consequent  impracticability  of 
transferring  the  public  funds,  from  the  place  in  which  they  were 
deposited,  to  the  place  in  which  they  were  wanted.  I  have 
endeavored,  therefore,  to  induce  the  banks,  as  the  performance 
of  an  act  of  justice,  not  inconsistent  with  their  interest  or  their 
policy,  to  assist  in  alleviating  the  fiscal  embarrassments  of  the 
government,  which  they  have  thus  contributed  to  produce.  The 
answers  to  my  last  proposition  (of  which  a  copy  is  annexed  in 
schedule  E)  have  not  been  received. 

But  the  danger  of  depending  upon  gratuitous  aids  (of  depend 
ing,  indeed,  upon  anything  but  the  wisdom  and  the  vigilance  of 
Congress)  makes,  with  every  day's  experience,  a  deeper  impres 
sion  upon  the  mind.  In  speaking,  therefore,  of  additional  meas 
ures  for  meeting  the  public  engagements  during  the  present 
quarter  of  the  year,  I  derive  great  satisfaction  in  reflecting  upon 
the  inevitable  and  immediate  effect  of  the  legislative  sanction 
(even  so  far  as  it  has  already  been  given)  to  a  settled  and 
productive  system  of  taxes,  for  defraying  the  expenses  of  gov 
ernment  and  maintaining  the  public  credit.  This  policy,  em 
bracing  in  its  course  the  introduction  of  a  national  circulating 
medium,  and  the  proper  facilities  for  anticipating,  collecting,  and 
distributing  the  public  revenue,  will  at  once  enliven  the  public 
credit;  and  even  the  existing  resources  of  the  present  quarter 
must  ripen  and  expand  under  an  influence  so  auspicious.  But 


OFFICIAL  LET  TEES.  253 

something   may  be  conveniently  and   usefully  added.     For  in. 
stance, — 

1.  A  discretionary  authority  may  be  given,  by  law,  to  issue 
treasury  notes  for  the  amount  of  the  sums  now  authorized  to  be 
raised  by  law. 

2.  An  authority  may  be  given,  bylaw,  to  transfer  bank  credits 
from  one  place  to  another  place,  in  order  to  meet  the  public 
engagements,  allowing  a  reasonable  rate  of  exchange. 

3.  Appropriations  may  be  made,  by  law,  to  defray  the  extra 
expenses  of  the  War  and  Navy  Departments  during  the  present 
year;   and  a  general  authority  may  be  given  to  borrow  or  to 
issue  treasury  notes,  to  supply  any  deficiencies  in  former  appro 
priations  for  those  departments,  and  for  the  payment  of  the  public 
debt,  the  treasury  notes,  and  the  civil  list, 

The  present  opportunity  enables  me  to  assure  you,  sir,  that  I 
arn  preparing,  with  all  possible  diligence,  to  report  to  the  Com 
mittee  of  Ways  and  Means  upon  the  subjects  which  they  have 
been  pleased  to  confide  to  me. 

1.  The  tax  bills  are  numerous,  new  in  some  of  their  principles, 
and  complicated  in  most  of  their  details ;  nor  are  the  best  sources 
of  information  at  hand.     They  will,  however,  be  drafted,  and 
sent  to  the  committee  in  succession. 

2.  The  plan  for  establishing  a  competent  sinking  fund  is  under 
consideration,  and  will,  probably,  be  ready  to  be  reported  before 
the  tax  bills  are  passed. 

3.  The  estimates  for  the  expenses  of  1815,  the  annual  appro 
priation  bill,  and  the  bills  to  authorize  a  loan,  and  an  issue  of 
treasury  notes  for  that  year,  are  also  objects  of  attention. 

I  have  the  honor  to  be,  very  respectfully,  sir,  your  obedient 
servant, 

A.  J.  DALLAS. 

JOHN  W.  EPPES,  Esq.,  Chairman  of  the  Committee  of  Ways 
and  Means. 

A. 

Schedule  of  Treasury  Notes  which  have  already  fallen  due  and  remain 
unpaid  this  2<l  Day  of  December ,  1814. 

Where  Payable.                 When  Payable.    Principal.          Interest.  Total. 
1814. 

Philadelphia November  1,  $269,000  $14,526  00  $283,526  00 

December    1,     366,200      19,774  80  385,974  80 

New  York 570,000      30,78000  600,78000 

Boston 600,000      32,400  00  632,400  00 

$1,805,200  $97,480  80  $1,902,680  80 


254 


APPENDICES. 


B. 

Schedule  of  Treasury  Notes  becoming  due  on  or  before  the  1st  of  January, 

1815. 

"Where  Payable.                  When  Payable.      Principal.  Interest.          Total. 
1814. 

New  York December  11,  $100,000  $5,4 JO      $105,400 

Philadelphia  600,000  32,400         632,400 

Boston December  21,       30,000  1,620           31,620 

1815. 

New  York January  1,         400,000  21,600         421,600 

Philadelphia 50,000  2,700          52,700 


$1,180,000   $63,720  $1,243,720 


C. 


Estimated  Amount  of  the  Dividends  on  the  Domestic  Funded  Debt  of  the 
United  States,  Payable  on  the  1st  of  January,  1815. 


At  Portsmouth,  N.  H $12,000 

Boston 320,000 

Providence 20,000 

Hartford 37,000 

New  York 625,000 

Trenton 8,000 

Philadelphia,  includ 
ing  stocks  on  treas 
ury  books 545,000 


At  Wilmington,  Del....  $1.000 

Baltimore 125,000 

Richmond 20,000 

Raleigh 5,000 

Charleston 85,000 

Savannah 5,000 

Treasury  atWashingt'n, 
exclusive  of  dividends 

payable  at  Philad'a...  65,000 


$1,873,000 


Note. — From  the  daily  transfers  of  stock  from  one  loan-office 
to  another,  it  is  impossible  at  this  time  to  estimate  with  precision 
the  amount  which  will  be  payable  at  each  loan-office  on  the  1st 
of  January  next.  The  above  may  be  considered  as  near  the 
sums  which  will  be  payable,  unless  the  removal  of  stock  should, 
in  the  mean  time,  be  unusually  large. 


D. 

Cash  in  the  several  banks,  according  to  the  state  of  the  in 
formation  at  the  treasury,  on  the  28th  of  November,  1814,  after 
deducting  moneys  in  the  southern  and  western  banks,  assigned 
to  the  Secretaries  of  the  War  and  Navy  Departments,  in  conse 
quence  of  their  being  transferable  from  the  places  of  deposit  to 
the  places  of  payment  of  the  public  debt,  amounting  to  $813,000. 


OFFICIAL   LET  TEES. 


255 


Bath  Bank 

Lincoln  Bank,  Bath 

Cumberland  Bank, Port 
land 

Portland  Bank 

New  Hampshire  Union 
Bank 

Saco  Bank 

Merchants'  Bank,  Sa 
lem  

Roger  Williams'  Bank. 

Newport  Bank 

New  Haven  Bank 

New  York  State  Bank, 
Albany 

Mechanics'  and  Farmers 
Bank,  Albany 

Manhattan  Company  ... 

Branch  Bank  of  Man 
hattan  Company,  at 
Utica 

Mechanics'  Bank,  New 
York  

City  Bank,  New  York.. 

Bank  of  Pennsylvania.. 

Farmers'  and  Mechanics 
Bank,  Philadelphia... 

Branch  Bank,  Pittsburg 

Bank  of  Baltimore 

Commercial  and  Far 
mers'  B'k,  Baltimore 

Mechanics'  Bank,  Balti 
more  

"Washington 

Metropolis 

Columbia 

Farmers'  and  Mechan 
ics'  Bank,  George 
town  


$9,723  13 
5  750  00 

Union       Bank, 
Greor°°etown    

24  217  79 

Mechanics'  Bank  of 

12,043  18 

Bank     of  Potomac, 
Alexandria 

12,807  39 
1,435  83 

34  376  82 

Bank  of  Virginia  ... 
Branch   of  Bank  of 
Virginia,  at  Nor 
folk.  

12,365  57 
42,738  99 
15  081  12 

State  Bank,  Raleigh 
Branch  of  do.  Salis 
bury           .             . 

40  730  17 

Branch  of  do.  Wil 
mington  

i 

18,369  08 
378,788  46 

Bank  of  Cape  Fear  .. 
Planters'    and    Me 
chanics'     Bank, 
Charleston  

15  433  59 

Bank  of  South  Caro 
lina            ...       ... 

222  896  14 

Union  Bank,  South 
Carolina  ... 

34,254  08 
94,668  63 

Planters'   Bank,  Sa- 
vannah  

> 

376  67 

910  59 
65  288  16 

Bank  of  Kentucky.. 
Branch  of  Bank  of 
Kentucky,  at  Rus- 
sellville  

18,212  19 

Branch  of  Bank  of 
Kentucky,  at  Lou 
isville  

628,594  51 
67,067  82 
11,609  60 
241  974  26 

Bank  of  Chillicothe 
Miami    Exporting 
Company,  Cincin 
nati                       ... 

596  48 

Louisiana  Bank  

$37,561  45 
5,000  00 

15,000  00 
35,020  35 


372  24 

366  93 

6,263  88 

5,502  33 

1,697  26 


101,235  28 
22,712  50 
14,028  47 

102  98 
9,174  70 

1,247  61 


699  01 

1,366  08 


30,110  89 
66,514  92 

$2,372,287  13 


SCHEDULE    E. 

(Circular.) 

TREASURY  DEPARTMENT, 

November  25,  1814. 

SIR, — The  sudden  determination  of  most  of  the  banks  in  which 
the  deposits  of  pub4ic  money  were  made  to  refuse  payment  of 
their  notes  and  of  drafts  upon  them,  in  specie,  deprived  the  gov 
ernment  of  the  use  of  its  gold  and  silver,  without  any  act  or 
assent  on  the  part  of  the  treasury.  The  equally  sudden  deter 
mination  of  the  banks  of  each  State  to  refuse  credit  and  circula 
tion  to  the  notes  issued  in  other  States,  deprived  the  government, 
without  its  participation,  of  the  only  means  that  were  possessed 
for  transferring  its  funds  from  the  places  in  which  they  lay  inac- 


256  APPENDICES. 

tive  to  the  places  in  which  they  were  wanted  for  the  payment  of 
the  dividends  on  the  funded  debt  and  the  discharge  of  treasury 
notes.  It  was  the  inevitable  result  of  these  transactions  that  the 
bank  credits  of  the  government  should  be  soon  exhausted  in 
Boston,  New  York,  Philadelphia,  etc.,  where  the  principal  loan- 
offices  for  the  payment  of  the  public  debt  were  established,  and 
that  the  government  should  be  unable  to  satisfy  its  engagements 
in  those  cities,  unless  the  public  creditors  would  receive  drafts  on 
banks  in  other  States,  or  would  subscribe  the  amount  of  their 
claims  to  a  public  loan,  or  would  accept  a  payment  in  treasury 
notes.  It  was  not  unreasonable,  indeed,  to  hope  that  the  banks, 
whose  conduct  had  produced  the  existing  embarrassment,  would 
cheerfully  afford  some  alleviating  accommodation  to  the  govern 
ment  ;  but  every  attempt  to  realize  that  hope  has  hitherto  failed. 
Even,  however,  if  the  present  application  should  also  be  unsuc 
cessful,  I  think  I  may  rely  on  the  intelligence  and  candor  of  our 
fellow-citizens  to  vindicate  the  government  from  any  reproach  for 
a  want  of  good  faith  or  of  essential  resources  to  maintain  the 
public  credit.  The  events  which  have  occurred,  the  government 
could  neither  avert  nor  control. 

Under  'these  circumstances,  I  have  deemed  it  a  duty  to  the 
public  and  to  myself  to  request  the  attention  of  the  banks  which 
have  acted  as  agents  of  the  treasury  in  the  receipt  and  distribu 
tion  of  public  money,  to  the  following  propositions: 

1.  That  the  banks  shall  assist  the  government  with  the  means 
of  discharging  the  treasury  notes  and  paying  the  dividends  of 
public  debt  during  the  present  quarter  at  the  loan-office  of  their 
respective  States.     A  great  portion  both  of  the  treasury  notes 
and  public  debt  belongs  to  the  banks  respectively ;  and  so  far 
nothing  more  than  a  protracted   credit  will   be  required.     The 
balance  of  the  demand  will  be  payable,  of  course,  in  the  notes  of 
the  respective  banks. 

2.  That  to  secure  and  satisfy  the  advances  thus  to  be  made  by 
the  banks  respectively,  the  banks  shall  be  admitted  on  reasonable 
terms  to  subscribe  to  the   loan  of  three  millions  of  dollars  ;  or 
they  shall  receive  treasury  notes,  or  they  shall  receive  bank-notes, 
or  drafts  upon  banks  in  other  States.     If  any  bank  should  prefer 
accommodating  the   treasury  with  a  temporary  loan  on  a  legal 
interest,  this  course  may  be  pursued. 

I  will  thank  you,  sir,  for  an  early  answer  to  this  proposition, 
and  if  it  should  be  accepted  I  will  immediately  make  the  neces 
sary  arrangements  to  carry  it  into  effect. 

1  have  the  honor  to  be,  sir,  very  respectfully,  your  most  obe 
dient  servant, 

A.  J.  DALLAS. 


OFFICIAL 


LETTEK 

FROM  THE  SECRETARY  OF  THE  TREASURY 

To  the  Chairman  of  the  Committee  of  "Ways  and  Means,  accompanying 
the  Bill  entitled  "An  Act  to  prohibit  intercourse  with  the  enemy,  and 
for  other  purposes." 

TREASURY  DEPARTMENT,  Nov.  19, 1814. 

SIR, — I  have  the  honor  to  acknowledge  the  receipt  of  your 
letter  requesting,  on  behalf  of  the  Committee  of  Ways  and 
Means,  "  any  information  which  the  Treasury  Department  can 
furnish  as  to  the  defects  of  the  present  revenue  laws,  and  the  best 
mode  of  correcting  the  evils  arising  from  an  intercourse  with  the 
enemy." 

Although  the  expediency  of  a  general  revision  of  the  revenue 
laws,  with  the  view  contemplated  by  the  committee,  is  acknowl 
edged,  I  fear  it  will  be  impracticable  at  this  time  to  undertake 
and  to  execute  satisfactorily  so  extensive  a  task  The  pressure 
of  the  current  business  upon  the  department  is  severe,  and  pre 
cludes  an  application  of  the  secretary's  time  to  any  object  which 
is  not  of  immediate  importance.  The  inconveniences  that  are 
suggested  in  the  documents  from  Yermont,  accompanying  the 
reference  of  the  committee,  require,  however,  an  early  attention ; 
and  the  following  views  of  the  subject  are  respectfully  submitted 
to  your  consideration  : 

I.  The  representations  from  Yermont  present  various  causes 
of  complaint : 

1.  That  smuggling  is  extensively  prosecuted  on  the  northern 
frontier  by  citizens  of  the  United  States,  sometimes  with   and 
sometimes  without  the  cover  of  a  neutral  character,  in  the  course 
of  which  the  enemy  obtains  important  intelligence  ;  he  is  fur 
nished  with  cattle  and  other  essential  supplies;  and  he  is  enabled 
to  introduce  his  merchandise  surreptitiously  into  our  markets. 

2.  That  the  powers  of  the  revenue  officers  are  inadequate  to 
the  detection  and  prosecution  of  these  offences,  because  the  right 
of  search  is  not  extended  to  every  vehicle  that  may  be  employed  ; 
because  the  prohibitory  laws  do  not  sufficiently  define  and  enu 
merate  the  subjects  of  an  illicit  trade ;  because  no  efficient  act  of 
prevention  is  authorized  to  be  performed  even  upon  the  strongest 
ground  of  suspicion  ;  and  because  there  is  no  force,  civil  or  mili 
tary,  provided  to  aid  the  revenue  officers  in  the  execution  of  their 
duty  when  cases  of  violent  opposition  occur. 

3.  That  limited  as  the  general  powers  of  the  revenue  officers 
appear  to  be,   they  are  rendered  still  more  inadequate  by  the 
terror  which  the  officers  now  feel  of  being  exposed  to  suits  for 
damages  under  the  authority  of  recent  decisions  in  the  courts  of 


258  APPENDICES. 

law ;  for  it  has  been  adjudged  in  Vermont  that  the  inspectors  of 
the  customs  are  not  authorized  in  any  case  to  make  seizures  ;  and 
that  actions  may  be  maintained  against  them  to  recover  the  whole 
value  of  the  property  seized,  even  when  the  property  itself  has 
been  duly  condemned  as  forfeited  by  law. 

II.   The  actual  state  of  the  laws  in  relation  to  these  subjects  of 
complaint  may  be  sufficiently  seen  in  the  following  analysis : 

Of  the  power  and  privileges  of  inspectors  and  other  officers  of 
the  customs. 

1.  The  inspectors  of  the  customs  are  persons  employed  by  the 
collector,  with   the   approbation   of  the   principal  officer   of  the 
Treasury  Department,  and  their  duties  are  entirely  directed  to 
guard  against  frauds  upon  the  revenue  by  smuggling  or  any  other 
kind  of  illicit  trade.     They  are  described  and  considered  through 
out  the  acts  of  Congress  as  officers  of  the  customs,  though  not 
as  chief  officers. 

2.  On  the  arrival  or  the  approach  of  ships  or  vessels,  the  in 
spectors,   as  well  as  the   chief  and   other    officers  of  the   cus 
toms,  are  empowered  to  go  on  board  (whether  in  or  out  of  their 
respective  districts)  for  the  purpose  of  demanding  manifests  of 
their  cargoes  and  of  examining  and  searching  the  ships  and  ves 
sels.    This  act  is  to  be  performed  ex  officio,  by  way  of  precaution, 
without  any  special  deputation  from  a  collector,  naval  officer,  or 
surveyor.     (Vol.  iv.  367,  s.  54.) 

3.  If,  however,  there   be  reason   to   suspect   that   any   goods 
subject  to  duty  are  concealed  in  any  ship  or  vessel,  an  inspector 
cannot  enter  such  ship  or  vessel  to  search  for,  seize,  and  secure 
such  goods  without  being  specially  appointed  for  that  purpose  by 
the  collector,  naval  officer,  or  surveyor.     And  if  there  be  cause 
to  suspect  a  concealment  of  such  goods  in  any  particular  dwelling- 
house,  store,  building,'  or  other  place,  a  search-warrant  must  be 
obtained  from  a  justice  of  the  peace  to  authorize  a  search  and 
seizure.      The   cases   here   provided   for  are   cases  of  suspicion 
only, — when  probable  information  has  been  received  of  a  conceal 
ment  of  goods,  either  on  water  or  on  land,  with  a  design  to  evade 
the  payment  of  duties.     The  act  to   be  performed  is  not  in  the 
ordinary  course  of  an  inspector's  official  duty  ;  it  is  not  an  act  of 
precaution,  but  of  detection  ;  it  is  not  an  act  authorized  for  seiz 
ing  goods  which  are  notoriously  liable  to  seizure,  but  for  entering 
a  ship  or  a  house  in  a  doubtful  case  to  ascertain  \vhether  any 
goods  liable  to  seizure  are  there  concealed.    (Vol.  iv.  389,  s.  68.) 

4.  But  any  ship  or  vessel,  goods,  wares,  or  merchandise  which 
are  liable  to  seizure  by  virtue  of  any  act  respecting  the  revenue, 
it  is  the  duty  of  the  several  officers  of  the  customs  (including  by 
general  description  and  practical  construction  the  inspectors  of 


OFFICIAL  LETTERS.  259 

the  customs)  to  seize  and  secure  as  well  without  as  within  their 
respective  districts.  The  act  to  be  performed  in  this  case  is 
founded  on  the  fact  that  the  property  is  liable  to  seizure ;  but 
that  it  is  not  necessary  to  enter  either  a  ship  or  a  house  to  ascer 
tain  whether  such  goods  are  so  liable  and  are  there  concealed. 
(Vol.  iv.  390,  s.  TO,) 

5.  In  the  performance  of  their  duties  the  inspectors,  in  com 
mon  with  the  other  officers  of  the  customs,  are  protected  by  the 
law  when  unjustly  sued  or  molested,  in  actions  for  damages  ;  and 
when  any  prosecution  is  commenced  on  account  of  the  seizure  of 
any  ship  or  goods  in  which  judgment  is  given  for  the  claimant, 
the  inspectors  are  released  from  all  responsibility  on  showing  that 
there  was  a  reasonable  cause  of  seizure.     (Vol.  iv.  391,  s.  71 ; 
ibid.  429,  s.  89.)    This  last  provision,  indeed,  has  been  extended 
generally  for  the  protection  of  any  collector  or  other  officer,  under 
any  act  of  Congress  authorizing  a  seizure  of  any  ship  or  vessel, 
goods,  wares,  or  merchandise,  where  the  seizure  has  been  made 
on  probable  cause,  although  restitution  should  be  decreed.    (Vol. 
viii.  255,  s.  1.) 

6.  The  "Act  to  prohibit  any  American  from  proceeding  to,  or 
trading  with,  the  enemies  of  the  United  States,  and  for  other 
purposes,"  declares  that  "  if  any  person  shall  transport  or  attempt 
to  transport,  overland  or  otherwise,  in  any  wagon,  cart,  sleigh, 
boat,  or  otherwise,  naval  or  military  stores,  arms,  or  the  muni 
tions  of  war,  or  any  article  of  provision  from  any  place  of  the 
United  States  to  Upper  or  Lower  Canada,  Nova  Scotia,  or  New 
Brunswick,"  certain  forfeitures  and  penalties  shall  be  incurred. 
And  authority  is  given  "  to  the  collectors  of  the  several  ports  of 
the  United  States  to  seize  and  stop  naval  or  military  stores, 
arms,  or  the  munitions  of  war,  or  any  articles  of  provision,  and 
ship  or  vessel,  wagon,  cart,  sleigh,  boat,  or  thing  by  which  any 
article  prohibited  as  aforesaid  is  shipped  or  transported,  or  at 
tempted  to  be  shipped  or  transported."     It  seems  to  be  a  strained 
and  impracticable  construction  of  the  provision  to  confine  the 
exercise  of  the  authority  for  stopping  and  seizing  the  contraband 
articles  to  the  personal  agency  of  the  collectors.     A  collector  in 
this  case,  as  in  every  other  case  where  a  positive  restriction  is 
not  imposed,  must  act  through  the  vigilance  and  co-operation  of 
the  inspectors  and  other  officers  of  the  customs. 

Of  the  existing  auxiliary  means  to  execute  the  revenue  laws, 
and  the  laws  prohibiting  trade  and  intercourse  with  the 
enemy. 

1.  In  addition  to  the  means  which  the  preceding  statements 
will  suggest,  the  judges  of  the  supreme  court,  and  of  the  sev 
eral  district  courts  of  the  United  States,  and  all  judges  and  jus- 


260  APPENDICES. 

tices  of  the  courts  of  the  several  States  (having  authority,  by  the 
laws  of  the  United  States,  to  take  cognizance  of  offences  against 
the  constitution  and  laws  thereof),  have  the  like  power  to  hold  to 
security  of  the  peace  and  for  good  behavior,  in  cases  arising 
under  the  constitution  and  laws  of  the  United  States,  as  may 
or  can  be  lawfully  exercised,  by  any  judge  or  justice  of  the  peace 
of  the  respective  States,  in  cases  cognizable  before  them.  (Vol. 
iv.  231.) 

2.  Whenever  the  laws  of  the  United  States  are  opposed,  or 
the  execution  thereof  obstructed,  in  any  State  by  combinations 
too  powerful  to  be  suppressed  by  the  ordinary  course  of  judicial 
proceedings   or   the    powers   of  the  marshal,  the  President   is 
authorized  to  call  forth  a  competent  force  of  the  militia  to  cause 
the  laws  to  be  executed.   (Vol  iv.  188,  s.  2,  9.)     And  by  a  sub 
sequent  act,  the  President  is  authorized  to  employ  the  land  or 
naval  force  of  the  United  States  for  the  same  purpose.     (Vol. 
viii.  311.) 

3.  A  final  judgment  or  decree,  in   any  suit,  in  the   highest 
court  of  law  or  equity  of  a  State  in  which  a  decision  of  the  suit 
could  be  had,  where  is  drawn  in  question  the  validity  of  an  au 
thority  exercised  under  the  United  States  (as  in  the  case  of  an 
officer  of  the  customs),  and  the  decision  is  against  the  validity, 
may  be  re-examined,  and  reversed  or  affirmed,  in  the  supreme 
court  of  the  United  States,  upon  a  writ  of  error;  but  the  matter 
in  dispute  must  exceed  the  value  of  two  thousand  dollars,  exclu 
sive  of  costs.     (Vol.  i.  s.  61,  63.) 

III.  From  these  views  of  the  subject  of  complaint,  and  of  the 
state  of  the  law  in  relation  to  them,  we  are  led  to  consider  the  best 
modes  of  amending  the  defects  and  correcting  the  evils  which 
exist. 

1.  An   habitual  respect  for  the  judicial    authority  does   not 
permit  me  to  controvert  any  further  the  decisions  of  the  courts 
of  law,  in  the  State  of  Vermont,  respecting  the  official  character 
and  powers  of  the  inspectors  and  other  officers  of  the  customs. 
It  is  recommended,  therefore,  that  the  law  should  be  so  amended 
as  to  place  the  inspector  upon  the  footing  of  officers  within  the 
meaning  of  the  revenue  laws   and  laws  prohibiting  trade  and 
intercourse  with  the  enemy;   and  that  the  collectors  should  be 
authorized  to  employ  a  competent  number  of  inspectors,  with 
authority  to  stop,  search,  detain,  and  seize  all  cattle,  live  stock, 
and  other  supplies  ;  all  goods  and  money  ;  and,  generally,  all 
other  articles  whatsoever,  howsoever  carried  and  transported, 
by  land  or  by  water,  on  the  way  to  or  from  the  British  Provinces, 
subject  to  such  regulations  as  will  secure,  with  as  little  embar 
rassment  as  possible,  the  rights  of  a  lawful  or  neutral  trade. 

2.  The  officers  of  the  customs  should  be  entitled,  in  proper 
cases,  and  on  proper  proofs,  to   obtain  from  any  magistrate  a 


OFFICIAL   LETTERS.  261 

warrant  to  search  dwelling-houses  and  other  buildings;  to  de 
mand  the  assistance  of  the  marshal  of  the  district  and  his  depu 
ties,  with  the  posse  of  the  district,  if  necessary,  for  the  execution 
of  their  duties ;  and  to  hold  any  person  to  security  for  his  good 
behavior,  stating,  on  oath,  that  they  have  probable  and  just 
cause  for  believing  that  such  person  is  carrying  on  an  unlawful 
trade  or  intercourse  with  the  enemy. 

3.  No  citizen,  or  person,  usually  residing  within  the  United 
States,  should  be  allowed  to  cross  the  frontier  into  the  British 
Provinces  without  a  passport  from   the  Secretary  of  State  or 
from  the  Secretary  of  War,  or  from  the  officer  commanding  the 
military   district   in  which  such  person  usually   resides.      All 
persons  coming  from  the  British  Provinces  into  the  United  States 
should  be  required  to   report  themselves,  within   a  reasonable 
time,  to  the  military  commander,  or  the  collector,  of  the  district 
within  which  they  shall,  respectively,    first  arrive.     And   any 
person  hovering  upon  the  frontier,  at  a  distance  from  his  usual 
place  of  residence,  without  any  business  requiring  his  attendance 
there,  and  without  a  passport,  should  be  held  to  security  for  his 
good  behavior,  as  a  person  suspected,  upon  probable  cause,  to  be 
engaged  in  an  unlawful  trade  or  intercourse  with  the  enemy. 

4.  The  militia  and  army  of  the  United   States  on  the  frontier 
should  be  authorized,  under  proper  regulations,  to  co-operate  with 
the  civil  magistrates  and  officers  of  the  customs  in  seizing  and 
securing  persons  engaged  in  an  unlawful  trade,  or  intercourse 
with  the  enemy,  together  with  the  articles  and  vehicles  employed 
in  such  trade  or  intercourse. 

5.  A  more  effectual  provision  should  be  made  for  transferring 
from  the  State  courts  to  the  federal  courts  suits  brought  against 
persons  exercising  an  authority  under  the  United  States,  so  that 
such  suits  may  be  transferred,  as  soon  as  conveniently  may  be, 
after  they  are  commenced. 

6.  Treason  being  defined  by  the  constitution,  and  misprision 
of  treason  being  an  offence  which  is  necessarily  founded  upon 
that  definition,  many  practices  of  a  treasonable  nature  and  effect, 
which  cannot  be  constitutionally  classed  with  treason,  are  un 
noticed  in  our  penal  code.     An  act  of  Congress  declaring  such 
practices  to  be  misdemeanors,  and  punishing  them  with  fine  and 
imprisonment,  would,  perhaps,  be  the   most  effectual   mode  of 
correcting  the  evils  arising  from  an  intercourse  with  the  enemy. 

The  papers  that  were  received  from  the  committee  are  now 
returned;  and  I  embrace  the  opportunity  to  repeat  the  assur 
ances  of  the  sincere  respect  with  which  I  have  the  honor  to  be, 
Sir,  your  most  obedient  servant, 

A.  J.  DALLAS. 

J.  W.  EPPES,  Esq.,  Chairman  of  the  Committee  of  Ways  and 
Means. 


262  APPENDICES. 

LETTEK 

FROJM  THE  SECRETARY  OF  THE  TREASURY 

To  the  Chairman  of  the  Committee  of  Ways  and  Means,  exhibiting  a 
view  of  the  state  of  the  treasury  at  the  close  of  the  year  1814;  also  a 
view  of  the  situation  of  the  treasury  for  the  year  1815,  with  proposi 
tions  relative  to  the  ways  and  means  for  the  same. 

TREASURY  DEPARTMENT,  January  17,  1815. 

SIR, — I  have  deemed  it  hitherto  my  duty  to  wait,  with  defer 
ence  and  respect,  for  a  decision  upon  the  measures  which  I  had 
the  honor  to  suggest  to  the  Committee  of  Ways  and  Means  on  the 
17th  of  October  "last.  But  the  rapid  approach  to  the  termination 
of  the  session  of  Congress  induces  me  again  to  trespass  upon 
your  attention,  earlier,  perhaps,  than  is  consistent  with  a  satis 
factory  view  of  the  situation  of  the  treasury,  as  some  important 
plans  are  still  under  legislative  discussion.  I  have  now,  how 
ever,  the  honor  to  submit  to  the  consideration  of  the  Committee 
of  Ways  and  Means  the  following  additional  statements  and 
propositions: 

STATEMENTS. 

I.  Statement  of  the  situation  of  the  treasury  at  the  close  of 
the  year  1814. 

1.  The  charges  on  the  treasury  for  1814. 

It  appears,  that  at  the  close  of  the  year  1813  there  was  a 
general  balance  of  the  appropriations  for  that  year  remaining 
unsatisfied,  and  subject  to  be  called  for  at  the  treasury  in  the 
year  1814,  amounting  to  about  $8,131,313  03,  and  composed  of 
the  following  items : 

Of  the  appropriation  for  the  civil  department,  about $390,499  07 

Of  the  appropriation  for  the  military  department 2,666,230  33 

Of  the  appropriation  for  the  naval  department 3,611,240  75 

Of  the  appropriation  for  the  diplomatic  department 253,846  62 

Of  the  appropriations  for  miscellaneous  services 1,209,496  26 

$8,131,313  03 
The   annual   appropriations   for  the   year 

1814  amounted  to  the  sum  of $38,003,691  28 

The  sum  necessary  to   meet  the   engage 
ments,  in  relation  to   the   public  debt, 

was  about 11,560,586  39 

49,563,277  67 

The  gross  charge  on  the  treasury  for  the  year  1814  was $57.694,590  70 


OFFICIAL  LETTERS.  263 


2.  The  ways  and  means  of  the  treasury  for  1814. 

The  gross  charge  upon  the  treasury  for  the  year  1814,  amount 
ing  to  $57,694,590  70,  included,  as  above  stated,  the  balance  of 
the  appropriations  of  1813  remaining  unsatisfied  at  the  close  of 
that  year.  It  is,  therefore,  proper  to  place  to  the  credit  of  the 
treasury  the  outstanding  revenue  and  resources  at  the  com 
mencement  of  the  year  1814 ;  and  these  consisted  of  the  follow 
ing  items : 

Of  cash  in  the  treasury  on  the  1st  of  January,  1814 $5,196,482  00 

Of  revenue  received  at  the  treasury  in  the 

1st  quarter  of  1814 $4,286,062  28 

Of  revenue  received  in  the  second  quarter..  2,822,108  05 
Of  revenue  received  in  the  third  quarter....  2,313,183  20 
Of  revenue  received  in  the  fourth  quarter, 

by  estimate 1,920,000  00 

11,311,353  53 

Of  the  proceeds  of  loans  contracted  for  in 

1813,  and  paid  in  1814 $3,592,665  00 

Of  the  proceeds   of  treasury    notes  issued 

under  the  act  of   1813,  and  received  in 

1814 1,070,000  00 

4,662,665  00 

Of  the  amount  of  the  loan  authorized  by 

the  act  of  the  24th  of  March,  1814 $25,000,000  00 

Of  the  amount  of  the  loan  authorized  by  the 

act  of  the  15th  of  November,  1814 3,000,000  00 

28,000,000  00 

Of  the  amount  of  treasury  notes  authorized 

to  be    issued  by  the  act   of  the   4th   of 

March,  1814 $5,000,000  00 

Of  the  amount  of  treasury  notes  authorized 

to  be  issued  by  the  act  of  December  26, 

1814 3,000,000  00 

8,000,000  00 


$57,170,500  53 

From  this  statement,  therefore,  it  appears, — 

That  the  charges  on  the  treasury  for  1814  amounted  to...  $57,694,590  70 
That   the   ways  and   means   of  the   treasury   for    1814 

amounted  to 57,170,500  53 


$524,090  17 

And  this  excess  of  charges  on  the  treasury,  amounting  to 
$524,090  17,  beyond  the  ways  and  means  actually  appropriated, 
will  be  payable  out  of  the  revenue  uncollected  on  the  31st  of 
December,  1814. 

But,  independent  of  the  general  view  thus  taken  of  the  exist 
ing  charges  on  the  treasury,  and  of  the  ways  and  means  desig 
nated,  by  law,  for  the  service  of  1814,  it  is  necessary  to  present 


264  APPENDICES. 

a  statement  of  the  actual  receipts   and  disbursements  for  that 
year. 

The  actual  receipts  at  the  treasury,  during  the  year  1814, 
amounted  to  the  sum  of  $40,007,661  53,  and  consisted  of  the 
following  items : 

The  cash  in  the  treasury  on  the  1st  of  January,  1814, 

amounted,  as  above  stated,  to ". $5,196,482  00 

The  revenue  received  at   the  treasury,  during  the  year 

1814,  amounted,  as  above  stated,  to 11,311,353  53 

The  cash  received  at  the  treasury  in  the  year  1814,  on  ac 
count  of  the  loans  and  issues  of  treasury  notes  authorized 

in  1813.  amounted,  as  above  stated,  to 4,662,665  00 

The  cash  received  at  the  treasury  on  account 
of  the  loans  authorized  in  1814,  amounted, 

in  the  second  quarter,  to $6,087,011 

In  the  third  quarter,  to 2,815,060 

In  the  fourth  quarter,  by  estimate 2,707,810 

11,609,881  00 

The  cash  received  at  the  treasury  on  account 
of  the  issues  of  treasury  notes,  authorized 
in  1814,  amounted,  in  the  second  quarter, 

to $1,392100 

In  the  third  quarter,  to 1,603,900 

In  the  fourth  quarter,  to 4,231,280 

7,227,280  00 


$40,007,661  53 

The  actual  disbursements  at  the  treasury,  during  1814 
(taking  a  part  of  the  fourth  quarter  by  estimate),  amounted 
to  the  sum  of  $38,273,619  28,  and  consisted  of  the  follow 
ing  payments: 

For  the  civil  department $933,327  97 

For  miscellaneous  services 1,207,492  30 

For  the  diplomatic  department 206,306  52 

For  the  military  department...  20,510,238  00 

For  the  naval  department 7,312,899  90 

For  the  public  debt 8,103,354  59 

$38,273,619  28 


The  estimated  balance  of  cash  in  the  treasury  on  the  31st 

of  December,  1814,  being $1,734,042  25 

To  these  views,  however,  1st,  of  the  general  charges  on  the 
treasury,  and  of  the  ways  and  means  designated,  by  law,  for  the 
service  of  1814  ;  and  2d,  of  the  actual  receipts  and  disburse 
ments  at  the  treasury,  during  that  year,  it  is  proper  to  add  a 
statement  of  the  result,  showing  the  condition  of  the  treasury  at 
the  end  of  1814,  in  relation  to  the  unsatisfied  demands,  and  to 
the  unexpended  ways  and  means. 

The  unsatisfied  demands  on  the  treasury,  at  the  close  of  1814, 
amounted  to  $19,420,971  42,  and  consisted  of  the  balances  of 
appropriations  for  the  following  objects  : 


OFFICIAL   LETTERS.  265 

For  the  civil  department $519,967  11 

For  miscellaneous  services 1,285,682  36 

For  the  diplomatic  department 230,940  10 

For  the  military  department 9,458,898  33 

For  the  naval  department 4,468,251  72 

For  the  public  debt 3,457,231  80 

$19,420,971  42 

The  unexpended  amount  of  the  ways  and  means  provided 
for  1814  was  $23,396,881  25,  and  consisted  of  the  follow 
ing  items : 
Cash  in  the  treasury  on  the  1st  of  January, 

1814,  estimated  at $1,734,042  25 

Revenue    uncollected    and    outstanding, 

estimated  at 4,500,000  00 

Authority  to  borrow  money  and  to  issue 
treasury  notes,  not  executed,  or  not  yet 
productive,  under  acts  of  the  4th  and 

24th  of  March,  1814 8,162,839  00 

Stock  sent  to  Europe...     $3,000,000 
Under  act  of  November 

15,  1814 3,000,000 

Under  act  of  December 

26,  1814 3,000,000 

9,000,000  00 

$23,396,881  25 


The  surplus  of  ways  and  means,  in  refer 
ence  to  the  service  of  1814,  including 
revenue  and  the  unexecuted  authority 
to  borrow  and  to  issue  treasury  notes, 
is,  therefore $3,975,909  83 

The  conclusion  from  this  statement  of  the  situation  of  the 
treasury  at  the  close  of  1814,  under  the  different  views  which 
have  been  presented,  would  seem  to  establish,  that  the  ways  and 
means  provided  for  the  service  of  that  year  were  considerably 
more  than  the  demands  on  the  treasury  would  require.  But  it 
must  always  be  recollected  that  the  demands  are  positive  and 
urgent ;  while  a  great  portion  of  the  ways  and  means  rests  upon 
a  precarious  foundation.  Thus : 

The  unsatisfied  demands  on  the  treasury  for  the  service 

of  1814,  positive  and  urgent  in  their  nature,  amount  to  $19,420,971  42 

The  cash  in  the  treasury  and  the  outstanding  revenue, 

only  amount  to 6,234,042  25 


$13,186,929  17 

And,  consequently,  the  payment  of  the  difference,  amounting 
to  $13,186,929  17,  for  the  service  of  1814,  must  depend  on  the 
success  of  raising  money  by  loan,  or  by  issues  of  treasury  notes, 
under  the  unexecuted  authority  constituting  the  remaining  ways 
and  means  designated  for  the  same  year. 

18 


266  APPENDICES. 

II.    Statement  of  the  situation  of  the  treasury  for  the  year 
1815. 

1.    The  charges  upon  the  treasury  for  the  year  1815,  as  already 
ascertained. 

The    estimates    for    the    annual    appropriations    amount   to 
$40,538,889  39,  consisting  of  the  following  items: 

For   civil,  diplomatic,  and   miscellaneous 

expenses $1,979,289  39 

For  the  military  department 30,342,238  00 

For  the  naval  department 8,217,362  00 

$40,538,889  39 

The   public  debt  will  call  for  a  sum   of  $15,493,145    30,  to 
answer  the  following  claims: 

For  interest  and  reimbursement  of  stocks 

existing  before  the  war $3,452,775  46 

For  interest  on  the  funded  debt   created 

since  the  war 2,922,816  72 

For  the  interest  on  loans  to  be  effected  in 

1815,  by  estimate 1,500,000  00 

For  the  principal  and  interest  of  treasury 
notes  falling  due  in  1815,  and  on  the  1st 

of  January,  1816 7,617,553  12 

$15,493,145  30 


$56,032,034  69 

From  this  view  it  appears,  that  ways  and  means  must  now  be 
provided  for  an  expenditure  of  $56,032,034  69,  in  the  year  1815, 
independent  of  such  additions  as  may  arise  from  the  contemplated 
establishment  of  a  sinking  fund,  in  relation  to  the  public  debt 
created  since  the  war,  and  from  any  other  new  object  of  expense, 
which  shall  be  authorized  during  the  present  year. 


2.    The  ways  and  means  of  the  treasury  for  1815. 

The  outstanding  and  uncollected  revenue,  at  the  commence 
ment  of  1815,  has  been  considered  as  applicable  to  the  payment 
of  the  unsatisfied  balances  of  the  appropriations  for  the  preceding 
year;  and,  consequently,  only  such  parts  of  the  revenue  as  shall 
accrue,  and  be  actually  received  at  the  treasury,  during  1815, 
can  be  embraced  in  the  resources  for  the  current  service.  But  it 
also  follows,  from  that  view  of  the  subject,  that  the  treasury  is 
entitled  to  be  credited  in  1815  for  the  excess,  in  the  provision  of 
ways  and  means,  to  meet  the  expenditure  of  1814. 


OFFICIAL   LETTERS.  267 

This  excess,  consisting  of  cash,  of  outstanding  revenue, 
and  of  an  authority  to  borrow  or  to  issue  treasury  notes, 
amounts,  as  above  stated,  to  the  sum  of. .' $3  975,909  83 

The  net  sum  receivable  into  the  treasury  in  the  year  1815, 
for  duties  on  goods  imported  during  that  year,  cannot 
be  safely  estimated  at  a  greater  sum  than 1,000,000  00 

The  direct  tax  will  probably  give  to  the  treasury  during 

the  year  1815,  a  sum  of...!! .". 2,000,000  00 

The  internal  duties,  old  and  new.  and  postage,  on  an  esti 
mate  which  is  stated  in  the  schedule  A,  will  probably 
produce,  in  the  year  1815,  a  sum  of 7,050,000  00 

The  sales  of  public  lands  will  probably  produce  in  the 

year  1815,  a  sum  of 1,000,000  00 

The  amount  of  incidental  receipts,  from  miscellaneous 
sources,  will  probably  be 100,000  00 

$15,125,909  83 


But  it  appears,  that  the  single  item  of  public  debt  will 

require  in  the  year  1815,  a  sum  of. $15,493,145  30 

And  that  the  revenue  (independent  of  the  excess  of  the 
authority  to  borrow,  etc.  brought  from  the  last  year's 
ways  and  means)  will  only  be..T. ." 11,150,000  00 

Leaving  a  deficiency,  in  that  respect  alone,  of $4,343,145  30 

In  a  more  general  view,  however,  it  is  to  be  stated, — 

That  the  charges  upon  the  treasury  for  the  year  1815, 

amount  to  the  sum  of $56,032,034  69 

That  the  existing  sources  of  supply  amount  only  to 15,125,909  83 


And  that  ways  and  means  must  be  provided  to  raise 

the  deficit  of. $40,906,124  86 

It  will  be  readily  seen,  that  the  estimates  of  the  product  of  the 
direct  tax,  and  of  the  new  internal  duties,  are  applicable  only  to 
the  present  year;  and  that  in  every  succeeding-  year  the  amount 
will  be  greatly  augmented. 

It  must  also  be  repeated,  that  in  the  statements  now  presented 
no  provision  is  inserted  for  the  contemplated  sinking  fund  ;  nor 
for  the  payment  of  a  considerable  amount  of  unliquidated  claims 
upon  the  government  for  services  and  supplies  ;  as  these  objects 
seem  to  require  a  distinct  consideration. 

PROPOSITIONS. 

I.  It  is  respectfully  proposed,  that  provision  be  made  to  raise 
a  sum  of  $40,906,124  86,  in  addition  to  the  amount  of  the  exist 
ing  revenue,  for  the  service  of  the  year  1815;  partly  by  taxes, 
partly  by  an  issue  of  treasury  notes,  and  partly  by  an  authority 
to  procure  money  upon  loan. 


268  APPENDICES. 

II.  It  is  respectfully  proposed,  that  an  additional  sum  be  raised 
by  taxes,  to  the  amount  of  $5,000,000;  and  that  the  following 
objects,  or  a  selection  from  these  objects  of  taxation,  graduated 
in  the  amount  to  produce  that  sum,  to  be  made  equally  produc 
tive,  shall  form  the  basis  of  the  additional  levy: 

1.  A  tax  upon  inheritances  and  devises,  to  be  paid  by  the 

heirs  or  devisees,  may  be  made  to  produce $900,000 

2.  A  tax  upon  bequests,  legacies,  and  statutory  distribution, 

to  be  paid  by  the  legatees  or  legal  representatives,  may 

be  made  to  produce 500,000 

3.  An  auxiliary  tax  upon  all  testamentary  instruments  and 

letters  of  administration,  to  be  paid  by  the  executors 

or  administrators,  may  be  made  to  produce 200,000 

4.  A  tax  upon  legal  process  and  proceedings  in  the  courts  of 

the  United  States,  to  be  paid  by  the  parties  at  the  time 
of  taking  out  the  process  or  entering  the  proceedings, 
may  be  made  to  produce 250,000 

5.  A  tax  upon  conveyances,  mortgages,  and  leases,  to  be 

paid  by  the  grantees,  mortgagees,  and  lessees,  may  be 

made  to  produce '. 300,000 

6.  A  stamp  tax  upon  bonds,  penal  bills,  warrants  of  attor 

ney,  notarial  instruments,  policies  of  insurance,  all 
negotiable  notes,  protests  of  bills  of  exchange,  and 
promissory  notes,  bills  of  sale,  and  hypothecations  of 
vessels,  bottomry  and  respondentia  bonds,  may  be  made 
to  produce 400,000 

7.  A  tax  of  one  dollar  upon  every  barrel  of  wheaten  flour, 

to  be  paid  by  the  miller,  may  be  made  to  produce 3,500,000 

8.  A  tax  upon  the  dividends  (other  than  the  dividends  of 

banks)  and  upon  the  sale  and  transfer  of  the  stocks  of 
banks,  insurance  companies,  and  other  corporations, 
operating  for  profit,  upon  a  money  capital,  may  be 
made  to  produce 600,000 

9.  An  income  tax  may  easily  be  made  to  produce 3,000,000 

III.  It  is  respectfully  proposed,  that  the  additional  sum  to  be 
raised,  by  the  specified  taxes,  shall  be  appropriated  as  follows : 

1.  Towards  establishing  a  sinking  fund,  in  relation  to  the 

public  debt,  created  since  the  war 

2.  Towards  the  payment  of  principal  and  interest  of  the 

treasury  notes,  to  be  issued  in  the  manner  hereafter 
suggested 

3.  Towards  defraying  the  expenses  of  the  present  year 

IY.  It  is  respectfully  proposed,  that  there  shall  be  an  emission 
of  treasury  notes,  for  the  service  of  the  year  1815,  to  the  amount 
of  $15,000,000,  on  the  following  plan  :  " 

1.  The  denominations  of  the  notes  shall  be  such  as  the  Secre- 


OFFICIAL   LETTERS.  269 

tary  of  the  Treasury,  with  the  approbation  of  the  President,  may 
direct. 

2.  The  notes  of  the  denomination  of  $100  and  upwards,  shall 
be  made  payable  to  order,  and  shall  bear  an  interest  of  five  and 
two-fifths  per  centum  per  annum. 

3.  The  notes  of  a  denomination  less  than  $100,  and  not  less 
than  $20,  shall  be  payable  to  order,  and  bear  an  interest  at  the 
same  rate;  or  shall  be  payable  to  bearer,  and  bear  no  interest; 
as  the  Secretary  of  the  Treasury,  with  the  approbation  of  the 
President  of  the  United  States,  shall  direct. 

4.  The  notes   of  a  denomination   under  $20,  shall   be  made 
payable  to  bearer,  and  shall  be  circulated  without  interest. 

5.  The  notes  shall  be  issued,  and  be  made  payable  at  the  treas 
ury  only ;  but  any  portion  of  them  may  be  deposited  with  the 
loan  officers  or  banks  throughout  the  United  States,  for  the  pur 
pose  of  being  put  into  general  circulation. 

6.  The  holders  of  the  treasury  notes,  not  bearing  an  interest, 
may,  at  any  time,  exchange  them,  in  sums  not  less  than  $100, 
for  certificates  of  public  stock,  bearing  an  interest  of  seven  per 
cent,  per  annum,  and  irredeemable  for  twelve  years,  from  the 
date  of  the  certificates  respectively. 

7.  The  notes  shall  be  receivable  in  all  payments  to  the  United 
States ;  but,  in  such  cases,  they  may  be  reissued. 

8.  The  notes  shall  be  payable  by  annual  instalment,  according 
to  their  dates,  and  in  the  manner  to  be  notified  by  the  treasury, 
to  wit : 


In  1816,  the  sum  of 
In  181  7,  the  sum  of  ( 
In  1818,  the  sum  of 
In  1819,  the  sum  of 
In  1820.  the  sum  of 

'one-fifth)  

$3,000,000 

one-fifth) 

3  000,000 

one-  fifth) 

3,000,000 

one-fifth  ) 

3,000,000 

one  fifth)..  . 

3,000,000 

$15,000,000 

9.  The  reimbursement  of  the  notes  shall  be  effected,  according 
to  the  instalments,  either  by  the  payment  of  the  principal  and 
interest  to  the  holders ;  or  by  taking  out  of  circulation,  and  de 
stroying  the  amount  of  the  instalment,  in  notes,  which  have  been 
paid  to  the  United  States  for  duties,  taxes,  or  other  demands. 

10.  There  shall  be  an  appropriation  of  such  a  portion  of  the 
taxes,  above  specified,  as  will  be  adequate  to  the  payment  of  the 
successive  instalments  of  the  notes;  and  the  faith  of  the  United 
States  shall  be  pledged  to  make  good  any  deficiency. 

11  There  shall  be  no  additional  issue  of  treasury  notes,  ex 
cept  upon  a  specific  pledge  of  the  same  taxes,  or  of  other  compe 
tent  taxes,  to  an  amount  equal  to  the  reimbursement  of  the  notes, 
according  to  the  stipulated  instalments. 

Y.  It  is  respectfully  proposed,  that  authority  should  be  given 


270  APPENDICES. 

to  the  President  to  borrow  the  sum  of  $25,000,000  on  the  faith 
of  the  United  States. 

1.  The  loan  to  be  accepted  on  the  most  advantageous  terms 
that  can  be  obtained. 

2.  The  amount  of  the  loan,  for  the  payment  and  security  of 
principal    and  interest,  to  be  placed  on  the  same  footing  as  the 
rest  of  the  funded  debt  created  since  the  war. 

If  the  propositions  submitted  to  the  consideration  of  the  Com 
mittee  of  Ways  and  Means  should  be  adopted,  the  treasury  will 
be  placed  on  the  following  footing  for  the  year  1815 : 

1.  The  ascertained  demands  upon  the  treas 

ury  amount  to $56,032,03-1  69 

2.  The  existing  sources  of  revenue  and  sup 

ply  will  produce $11,150,000  00 

3.  The  excess  of  outstanding  revenue,  and 

of  authority  to  borrow  money  and 
to  issue  treasury  notes  for  the  service 
of  1814,  beyond  the  demand,  is  esti 
mated  at....." 3,975,909  83 

4.  The  taxes  now  proposed,  are  estimated 

to  produce  for  1815 5,000,000  00 

5.  The  issue  of  treasury  notes  for  the  ser 

vice  of  1815,  will  produce 15,000,000  00 

6.  The  authority  to  raise  money  bv  loan, 

for  the  service  of  1815,  extends"to 25,000,000  00 

60,125,909  83 


Surplus  of  ways  and  means $4,093,875  14 

The  surplus  of  ways  and  means  for  the  year  1815  will  be  ap 
plicable  to  the  establishment  of  the  contemplated  sinking  fund, 
and  to  the  payment  of  any  additional  expenses  that  Congress 
may  authorize 

In  making  the  present  communication,  I  feel,  sir,  that  I  have 
performed  my  duty  to  the  legislature  and  to  the  country;  but 
when  I  perceive  that  more  than  $40,000,000  must  be  raised 
for  the  service  of  the  year  1815,  by  an  appeal  to  public  credit, 
through  the  medium  of  treasury  notes  and  loans,  I  am  not 
without  sensations  of  extreme  solicitude.  The  unpromising 
state  of  the  public  credit,  and  the  obstructed  state  of  the  circu 
lating  medium,  are  sufficiently  known.  A  liberal  imposition  of 
taxes,  during  the  session,  ought  to  raise  the  public  credit,  were 
it  not  for  counteracting  causes  ;  but  it  can  have  no  effect  in  re 
storing  a  national  circulating  medium.  It  remains,  therefore, 
with  the  wisdom  of  Congress  to  decide,  whether  any  other  means 
can  be  applied  to  restore  the  public  credit,  to  re-establish  a  na 
tional  circulating  medium,  and  to  facilitate  the  necessary  antici 
pations  of  the  public  revenue.  The  humble  opinion  of  this  de- 


OFFICIAL   LETTERS. 


271 


partment  on  the  subject  has  been  respectfully,  though  frankly, 
expressed  on  former  occasions,  and  it  remains  unchanged. 

I  have  the  honor  to  be,  with  great  consideration,  sir,  your 
most  obedient  servant, 

A.  J.  DALLAS. 

J.  W.  EPPES,  Esq.,  Chairman  of  the  Committee  of  Ways  and 
Means. 


SCHEDULE    A. 

TREASURY  DEPARTMENT,  KEVENUE  OFFICE, 
December  16,  1814. 

SIR, — I  have  the  honor,  in  compliance  with  your  request,  to 
submit  the  annexed  estimates  of  the  products  of  the  existing  in 
ternal  duties,  and  of  the  additional  duties  proposed  to  be  laid  by 
the  bills  now  before  Congress;  the  first  statement  exhibiting  the 
products  for  an  entire  year  after  the  respective  duties  shall  be  in 
full  operation ;  and  the  last  statement  showing  the  amounts  that 
may  be  expected  to  be  received  from  each  duty  during  the  year 
1815.  It  may  be  proper  to  add  that  the  materials  do  not  exist 
for  forming  estimates  with  regard  to  the  new  duties,  on  which  a 
perfect  reliance  should  be  reposed. 

I  am,  very  respectfully,  your  obedient  servant, 

S.  H.  SMITH,  Commissioner  of  the  Revenue. 

Hon.  Secretary  of  the  Treasury. 


No.  1. 

Estimates  of  the  Products  of  the  existing  Internal  Duties  and  of  the  proposed 
additional  Duties  for  an  entire  Year  after  they  shall  be  in  full  operation. 


Stamps  $510000 

Carriages 300,000 

Sales  at  auction 300,000 

Keflned  sugar 150,000 

Licenses  to  retailers 900,000 

Licenses  for  stills  with  the 

duty  on  spirits 4,000,000 

Postage 250,000 

Lotteries 150,000 

Furniture 1,238,000 

Horses  for  the  saddle  and 

carriage 70,000 

Gold  watches 60,000 

Silver  watches 170,000 


Boots $75,000 

Saddles  and  bridles 66,000 

Paper 50,000 

Candles 200,000 

Playing-cards 80,000 

Tobacco  and  snuff. 200,000 

Hats  400,000 

Iron 350,000 

Nails 200,000 

Beer,  ale,  and  porter 60,000 

Leather 600,000 


$10,379,000 


272 


APPENDICES. 


No.  2. 

Estimate  of  the  Amounts  that  'may  be  expected  to  be  received  from  the  fore- 
going  Duties  during  the  Year  1815. 


Stamps $510,000 


Carriages. 

Sales  at  auction 

Kefined  sugar 

Licenses  to  retailers 

Licenses  for  stills  with  the 


300,000 
210,000 
150,000 
875,000 


duty  on  spirits 2,000,000 

Postage 250,000 


Lotteries 


50,000 


Furniture 1,288,000 

Horses  for  the  saddle  and 

carriage 70,000 

Gold  watches 60,000 

Silver  watches 170,000 


Boots,  "] 

Saddles  and  bridles, 

Paper, 

Candles, 

Playing-cards, 

Tobacco  and  snuff,       }- ...   $570,000 

Hats, 

Iron, 

Nails, 

Beer,  ale,  and  porter, 

Leather, 


$7,053,000 


This  estimate  has  been  made  on  the  supposition  that  the  bills 
laying  the  new  duties  will  be  passed  previous  to  the  1st  of 
January  next. 

LETTER. 

TREASURY  DEPARTMENT,  Feb.  20,  1815. 

SIR, — I  have  the  honor  to  acknowledge  the  receipt  of  your 
letter,  dated  the  15th  instant,  which,  in  consequence  of  the  ter 
mination  of  the  war,  requests,  in  behalf  of  the  Committee  of 
Ways  and  Means,  "a  view  of  the  probable  receipts  from  imports 
and  tonnage  during  the  year  1815,  and  any  other  information 
that  may  enable  the  committee  to  decide  on  the  measures  neces 
sary  to  meet  the  unexpected  and  fortunate  change,  which  peace 
must  produce,  in  the  resources  of  the  United  States."  It  has 
hitherto  been  my  arduous  and  painful  employment  to  suggest  to 
your  consideration  measures  for  relieving  the  embarrassments  of 
the  treasury  with  a  view  to  the  expenditures  of  a  protracted  war. 
And  you  will  readily  believe  that,  on  every  account,  personal  as 
well  as  public,  I  join  you  most  sincerely  in  rejoicing  at  an  event 
which  brings  with  it  an  immediate  alleviation  of  the  pressure 
upon  this  department,  as  well  as  a  general  assurance  of  national 
honor  and  prosperity. 

The  objects  which  claimed  the  attention  of  the  committee  in 
my  former  communications  were, — 1st,  the  state  of  the  public 
credit;  2d,  the  state  of  the  circulating  medium;  and  3d,  the 
ways  and  means  to  defray  the  various  expenses  of  the  govern 
ment. 

1.  The  public  credit  was  depressed  during  the  war,  owing  to 


OFFICIAL   LETTERS.  273 

several  causes  that  must  now  cease  to  operate  All  the  circum 
stances,  internal  and  external,  which  were  calculated  to  excite 
doubt  as  to  the  duration,  or  as  to  the  issue,  of  the  contest  in  the 
minds  of  the  cautious  and  the  timid  have  passed  away,  and  in 
their  place  the  proofs  of  confidence  begin  already  to  appear  with 
practical  advantage.  While  it  was  doubtful  to  what  extent  the 
public  exigencies  would  require  the  aid  of  loans,  those  persons 
who  retained  the  means  of  lending,  either  feared,  or  affected  to  fear, 
the  eventual  security  of  the  government;  and  even  the  exem 
plary  display  of  the  national  resources,  which  has  been  made 
during  the  present  session  of  Congress,  for  the  benefit  of  the 
public  creditors,  was  curtailed  of  its  natural  effect  in  the  resusci 
tation  of  public  credit  by  the  countervailing  influence  of  causes 
which  it  is  unnecessary  to  specify.  But  when  the  whole  amount 
of  the  public  debt  incurred  during  the  war  is  fixed  and  ascer 
tained;  when  it  is  known  that  ample  provision  is  made  for  the 
punctual  payment  of  the  interest,  and  for  the  gradual  extinguish 
ment  of  the  principal,  of  the  debt;  and  when,  above  all,  it  is 
seen  that  Congress  is  inflexible  in  its  adherence  to  the  faith  and 
policy  of  the  legislative  pledges,  the  public  credit  of  the  United 
States  will  stand  upon  a  basis  the  most  durable  and  the  most 
honorable. 

2.  The  difficulties  of  the  national  circulating  medium  remain, 
however,  to  be  encountered  under  circumstances  which  the 
government  cannot  control.  The  effects  of  the  peace  will  cer 
tainly  restore  a  metallic  medium ;  but  until  that  result  be  produced, 
the  only  resource  for  all  the  pecuniary  transactions  of  the  treas 
ury,  as  well  as  of  individuals,  will  be  the  issues  of  treasury 
notes  and  the  notes  of  the  State  banks.  If,  indeed,  the  State 
banks  were  soon  to  resume  their  payments  in  specie,  or  if  they 
were  again  to  give  credit  and  circulation  to  the  notes  of  each 
other  throughout  the  United  States ;  and  if  they  were,  more 
over,  able  and  willing  to  accommodate  the  fiscal  views  of  the 
government  (which  I  do  not  permit  myself  for  a  moment  to 
doubt),  a  total  dependence  upon  those  institutions,  however  im 
politic  in  the  abstract,  would  be  practically  safe  and  beneficial. 
But  if,  on  the  other  hand,  the  notes  of  the  State  banks  shall  con 
tinue  limited  in  circulation  and  use  to  the  city,  the  town,  or  the 
State  in  which  they  are  issued,  it  must  be  obvious  that  they  can 
not  answer  the  purposes  of  a  national  medium  ;  and  that  the 
receipt  of  such  notes  in  payments  for  duties  of  import  or  internal 
duties,  will  convert  the  public  revenue,  which  is  destined  for 
general  uses  abroad  as  well  as  at  home,  into  a  local  fund  that 
may  not  be  wanted  where  it  exists,  and  cannot  be  applied  where 
it  is  wanted.  It  is,  nevertheless,  in  the  power  of  Congress  to 
obviate,  in  a  considerable  degree,  this  difficulty,  by  authorizing 
the  payment  of  a  reasonable  rate  of  exchange  upon  the  transfer 


274  APPENDICES. 

of  its  revenue  from  the  places  of  collection  and  deposit  to  the 
places  of  demand  and  employment;  and  I  respectfully  recom 
mend  the  expedient  to  the  consideration  of  the  Committee  of 
Ways  and  Means. 

The  alternative,  or  concurrent  resource  of  treasury  notes  for  a 
national  circulating  medium,  has,  on  other  occasions,  been  con 
sidered.  The  security  of  the  government  must  always,  upon  every 
reasonable  and  eandid  estimate,  be  deemed  superior  to  the  security 
of  any  private  corporation,  and,  so  far  as  treasury  notes  bear  an 
interest  and  are  receivable  in  the  payment  of  duties  and  taxes, 
they  are  evidently  more  valuable  than  bank-notes,  which  do  not 
possess  those  characteristics.  But  the  machinery  of  a  bank  is 
calculated  to  give  an  impulse  and  direction  to  its  issues  of  paper 
which  cannot  be  imparted  by  the  forms  of  the  treasury,  or  any 
merely  official  institution,  to  the  paper  of  the  government.  In 
the  operations  of  a  bank,  too,  the  facilities  of  bank  credits  supply 
the  place,  in  a  very  important  degree,  of  the  issues  of  notes ; 
so  that  a  bank  loan  of  $30,000,000,  for  instance,  would  prob 
ably  require  no  greater  issue  than  $6,000,000  in  notes.  On 
the  contrary,  the  whole  amount  of  whatever  sum  is  to  be 
raised  by  an  issue  of  treasury  notes  must  be  actually  sent, 
in  the  form  of  treasury  notes,  into  the  market,  through  the 
various  channels  of  credit  or  demand.  It  is,  however,  to  be 
admitted  that  an  issue  of  treasury  notes,  not  greatly  exceeding 
in  amount  the  demand  created  for  them  by  the  duties  and  taxes 
for  which  they  are  receivable,  can  be  annually  sustained  ;  but  if 
the  amount  exceeds,  or  even  equals,  the  amount  of  that  demand, 
the  revenue  will  generally  be  absorbed  by  the  notes  before  it 
reaches  the  treasury ;  the  holder  of  the  treasury  notes  being 
thus  paid  in  preference,  and  often  to  the  exclusion,  of  every  other 
public  creditor,  arid  the  other  branches  of  the  public  service  being 
thus  deprived  of  the  contemplated  means  for  their  support. 

It  is  proper  here  to  observe  that  the  actual  issue  of  treasury 
notes  on  this  day  (including  those  due  and  unpaid,  those  which 
are  daily  becoming  due,  and  those  which  have  been  ordered  but 
are  not  yet  signed)  amounts  to  the  sum  of  $18,631,436  80,  and 
the  amount  will  be  constantly  augmenting.  If,  therefore,  the 
revenue  for  the  year  1815,  enriched  by  the  duty  on  imports,  and 
by  the  other  beneficial  effects  of  the  peace,  should  amount  to 
$20,000,000,  it  is  still  evident  that  the  whole  of  the  revenue 
might  be  expended  in  the  single  purpose  of  paying  the  treasury- 
note  debt,  leaving  every  other  object  of  the  government  to  be 
provided  for  by  loans,  or  by  new  issues  of  treasury  notes. 

Having  suggested  the  difficulty  and  the  danger,  I  cannot  pre 
sume  to  dwell  upon  any  expedient  for  relief  which  Congress  has 
already  refused  to  adopt ;  but  I  take  the  liberty,  with  deference 
and  respect,  to  renew  the  recommendation  of  the  plan  that  was 


OFFICIAL   LETTERS.  275 

submitted  to  your  consideration  in  my  letter  of  the  17th  of  Jan 
uary  last,  under  a  belief  that,  considering  the  outstanding  amount 
of  treasury  notes,  any  new  issue  should  be  made  to  rest  upon  a 
basis  that  will  enable  the  government  to  employ  it  both  as  a  cir 
culating  medium  and  as  the  means  of  raising  money  in  aid  of  the 
revenue.  How  far  a  power  given  to  fund  the  treasury  notes  upon 
an  advanced  interest,  or  to  pass  them  in  payment  of  taxes  and 
duties,  will  be  sufficient  for  the  purposes  contemplated,  without 
providing  other  means  of  payment  by  regular  instalments,  I 
must  submit  to  the  judgment  of  the  committee. 

3.  The  ways  and  means  to  defray  the  various  expenses  of  the 
government  for  1815,  will  consist  of  the  revenue  which  will  be 
actually  received  at  the  treasury  during  that  year.  It  is  not 
intended,  on  the  one  hand,  to  take  into  view  the  balances  due 
upon  the  appropriations  of  preceding  years,  nor,  on  the  other 
hand,  to  take  into  view  the  revenue  which  will  accrue  in  the 
present  year,  but  which  will  not  be  payable  until  the  year  1816. 

The  direct  amelioration  of  the  resources  of  the  country,  in 
consequence  of  the  peace,  applies  principally  to  the  item  of  the 
duties  on  import  and  tonnage.  The  effect,  however,  must  be 
confined,  with  immaterial  exceptions,  for  1815,  to  two-thirds,  or 
the  eight  concluding  months,  of  the  year.  The  West  India  trade 
will  produce  little,  and  the  European  trade  nothing,  by  way  of 
revenue,  before  the  1st  of  May  next.  Some  outstanding  adven 
tures  beyond  the  Cape  of  Good  Hope  will  hardly  be  brought 
home,  upon  the  intelligence  of  peace,  before  the  present  year 
has  expired.  Considering,  therefore,  that  a  credit  of  eight,  ten, 
and  twelve  months  is  allowed  for  the  duties  on  merchandise  im 
ported  from  Europe,  and  that  a  credit  of  three  and  six  months  is 
allowed  for  the  duties  on  merchandise  imported  from  the  West 
Indies,  it  is  evident  that,  whatever  may  be  the  amount  accruing 
on  merchandise  imported  from  Europe  for  the  year  1815,  the 
actual  receipts  at  the  treasury  cannot  be  great ;  that  the  whole 
of  the  duties  accruing  on  merchandise  imported  from  the  West 
Indies  before  the  1st  of  July  will  be  actually  received  at  the 
treasury  in  the  year  1815 ;  and  that  one  moiety  of  the  amount  of 
the  duties  on  merchandise  imported  from  the  West  Indies  between 
the  1st  of  July  and  the  1st  of  October  will  also  be  received  at 
the  treasury  in  the  year  1815. 

The  average  of  the  net  revenue  of  the  customs  which  accrued 
for  the  three  years  1806,  1807,  and  1808,  was  more  than 
$14,000,000  for  each  year;  and  a  similar  average  for  the  three 
succeeding  years,  1809,  1810,  and  1811,  was  about  $9,000,000 
for  each  year.  But  the  first  period  was  one  of  uncommon  com 
mercial  prosperity,  when  the  United  States  were  the  only  neutral 
nation,  and  cannot  be  taken  as  the  basis  of  an  estimate  for  the 
present  time,  when  the  other  nations  of  the  world  are  also  at 


276  APPENDICES. 

peace.  The  second  period  was  embarrassed  by  commercial  re 
strictions  ;  but  probably  the  effect  of  those  embarrassments  upon 
the  revenue  were  counterbalanced  by  the  advantages  of  our  neu 
trality.  It  is  thought,  therefore,  upon  the  whole,  that  in  a  state 
of  general  peace  the  customs  operating  upon  the  single  duties 
would  not  have  produced,  before  the  American  war,  more  than  a 
sum  between  $9,000,000  and  $10,000,000  annually.  But  the 
comparatively  small  quantity  of  foreign  merchandise  at  present 
in  the  American  market  would  probably  give  rise  to  an  extraor 
dinary  amount  of  importations  during  the  first  year  of  paace, 
equal  at  least  to  the  supply  of  two  years,  if  the  fact  that  the 
double  duties  are  limited  in  their  continuance  to  a  year  after  the 
termination  of  the  war  did  not  operate  as  a  check  upon  importa 
tions  beyond  what  may  be  requisite  for  the  consumption  of  the 
current  year.  These  counteracting  causes  may,  therefore,  ^be 
reasonably  supposed  to  neutralize  the  force  of  each  other,  and, 
consequently,  to  refer  and  confine  any  estimate  of  the  double 
duties  upon  merchandise  imported  in  the  year  1815  to  the 
amount  of  the  importations  for  the  consumption  of  a  single 
year. 

Under  these  views  it  is  estimated  that  the  produce  of  the  cus 
toms  during  the  first  twelve  months  of  peace  will  amount,  with 
double  duties,  to  a  sum  between  $18,000,000  and  $20,000,000. 
Of  that  period,  ten  months  occur  in  the  year  1815;  but  as 
the  importations  can  only  partially  commence  for  the  space  of 
two  months,  and  cannot  reach  their  average  extent  for  three  or 
four  months,  the  fair  proportion  of  time  to  form  the  ground  of  an 
estimate  will  be  (as  already  suggested)  eight  months  of  the  year 
1815.  Upon  this  scale  of  computation,  the  product  of  the  cus 
toms  which  will  accrue  from  the  1st  of  May  to  the  31st  of 
December,  1815,  will,  probably,  be  $13,500,000;  but  there  must 
be  added  to  that  sum  the  estimated  amount  of  customs  ac 
cruing,  independent  of  the  effects  produced  by  the  peace,  from 
the  first  of  January  to  the  1st  of  May,  to  wit,  $1,500,000;  making 
the  aggregate  of  the  revenue  of  the  customs  accruing  in  the 
year  1815  about  $15,000,000. 

It  remains,  however,  to  present  an  estimate  of  the  amount  of 
the  customs  which  will  not  only  accrue  but  which  will  be  actually 
received  at  the  treasury  in  the  year  1815.  The  extent  of  the 
commerce  which  is  expected  to  be  opened,  and  the  effect  of  the 
credits  which  are  allowed  for  the  payment  of  duties  for  the  year 
1815,  have  been  already  explained.  The  estimate,  therefore, 
assumes  the  following  form  : 

1.  The  total  revenue  of  the  customs  accruing  in   the  year 

1815,  being,  as  above  stated '. I $15,000,000 

It  is  estimated  that  of  that  sum  there  will  become  payable 
and  will  actually  be  received  into  the  treasury,  in  the 


OFFICIAL   LETTERS.  277 

year   1815,  in   the   manner   exhibited   in  the  annexed 

schedule,  marked  A,  about $3,500,000 

2.  That  on  account  of  custom-house  bonds  outstanding  at  the 
end  of  the  year  1814,  which,  in  the  letter  from  this  de 
partment,  dated  the  17th  of  January,  1815,  was  reserved 
to  meet  the  unsatisfied  appropriations  of  that  year,  there 
will  be  received  during  the  year  1815  near....* 3,000,000 

Making  the  total  amount  of  the  actual  receipts  into  the 

treasury  from  the  customs  for  the  year  1815 $6,500,000 

The  ways  and  means  of  the  treasury  for  1815,  provided  and 
payable  during  the  year,  may  now  be  presented  in  a  view  essen 
tially  different  from  that  which  was  necessarily  taken  in  the  letter 
from  this  department,  dated  the  17th  of  January  last,  while  con 
templating  a  continuance  of  the  war. 

1.  The  duties  on  imports  and  tonnage  will,  probably,  produce 

a  sum,  inclusive  of  that  receivable  for  duties  which  ac 
crued  prior  to  the  present  year,  of  about $6,500,000 

2.  The  direct  tax,  instead  of  a  sum  of  $2,000,000,  will  prob 

ably  give  to  the  treasury  in  the  year  1815,  in  conse 
quence  of  the  facilities  of  the  peace,  a  sum  of  about 2,500,000 

3.  The  internal  duties,  old  and  new,  and  postage,  instead  of  a 

sum  of  $7,050,000,  will  probably  give  to  the  treasury  in 
the  year  1815,  in  consequence  of  the  facilities  of  the 
peace,  a  sum  of  about 8,000,000 

4.  The  sales  of  the  public  lands  will  probably  produce  in  the 

year  1815 1,000,000 

5.  The   amount  of  incidental   receipts   from    miscellaneous 

sources  will  probably  be  about 200,000 

$18,200,000 

While  the  revenue  is  thus  materially  augmented,  the  charges 
upon  the  treasury  will  be  considerably  reduced.  It  is  not  in  the 
power  of  this  department  at  the  present  time  to  advert  to  the 
estimates  of  the  expenses  of  the  peace  establishment  for  the  War 
and  Navy  Departments  ;  but  with  the  aid  of  the  public  credit  and 
the  legislative  sanction  for  the  measures  which  will  be  proposed, 
it  is  believed  that  the  treasury  will  be  competent  in  that  respect 
to  meet  the  most  liberal  views  of  the  government.  Independent, 
therefore,  of  the  estimates  of  the  War  and  Navy  Departments, 
the  charges  on  the  treasury  for  the  year  1815  will  consist  of  the 
following  items  : 

1.  Civil,  diplomatic,  and  miscellaneous  expenses,  as  stated 

in  the  general  estimates  for  1815 $1,979,289  39 

2.  The  public  debt  will  call  for  a  sum  of  $14,723,808  58, 

to  answer  the  following  claims: 
For   interest   and  reimbursement  of  the 
funded  debt  created  before  the  war  (the 
amount  of  principal  unredeemed  on  the 


278  APPENDICES. 

31st  of  December,   1814,  being  about 

$39,005,183  60)  $3,452,775  46 

For  interest  of  the  funded  debt  created 
since  the  war  (the  amount  of  principal 
on  Dec.  31st,  1814,  being $48,580,812  26, 
to  which  little  has  been  since  added), 
about 3,000,000  00 

For  the  principal  and  interest  of  treas 
ury  notes  falling  due  in  1815,  and  the  1st 
of  January,  1816,  including  $620,000 
of  notes  issued  under  the  act  of  Febru 
ary  25th,  1813,  falling  due  within  this 

period 8,271,033  12 

$14,723,808  58 


$16,703,097  97 

It  is  to  be  observed,  however,  that  the  preceding  estimate  does 
not  include  a  sum  of  $2,790,200,  being  the  principal  of  the  treas 
ury  notes  which  became  due  in  1814  and  remain  unpaid,  be 
cause  the  unexecuted  authority  to  raise  money  by  loan  for  that 
year  is  sufficient  to  cover  the  amount,  if  a  loan  can  now  be  ob 
tained,  independent  of  the  custom-house  debt  ($3,000,000)  which 
accrued  in  1814,  but  is  payable  in  1815,  and  which  is  now  con 
sidered  as  part  of  the  excess  of  $3,975,909  83,  stated  in  the  letter 
of  the  17th  of  January,  1815,  for  the  purpose  of  being  specifi 
cally  transferred  in  the  present  estimates  from  the  ways  and 
means  of  last  year  to  the  credit  of  the  ways  and  means  for  the 
present  year. 

Upon  the  whole,  then,  it  appears  that  the  revenue  for  the  year 
1815  will  probably  amount  to  $18,200,000,  and  that  ways  and 
means  are  now  to  be  devised  to  provide  for  the  difference  be 
tween  that  sum  and  the  aggregate  amount  of  the  demands  for 
the  service  of  the  year  1815,  which  will  be  ascertained  by  adding 
the  amount  of  the  estimates  for  the  peace  establishment  of  the 
War  and  Navy  Departments  to  the  amount  of  the  demands  for 
the  expenses  of  government,  and  the  public  debt  being,  as  above 
stated,  the  sum  of  $16,703,097  97. 

It  only  remains  to  suggest  some  additional  measures,  which 
appear  to  be  required  at  this  time,  for  the  support  of  the  public 
credit  and  the  supply  of  the  treasury 

1.  It  is  respectfully  suggested  that  all  the  holders  of  treasury 
notes  issued  or  to  be  issued  under  the  authority  of  any  existing 
law,  should  be  allowed  to  fund  them  at  an  interest  of  seven  per 
cent.,  and  that  interest  be  allowed  on  all  treasury  notes  which 
have  not  been  punctually  paid  until  the  day  of  funding  or  of  pay 
ment. 

2.  It  is  respectfully  suggested  that  a  new  issue  of  treasury 
notes  should  be  authorized  upon  the  principles  suggested  in  the 
letter  from  this  department  dated  the  17th  of  January,  1815. 


OFFICIAL   LETTEES.  279 

3.  It  is  respectfully  suggested  that  a  loan  should  be  authorized 
to   the   amount  necessary,  upon  a  view  of  all  the  estimates,  to 
complete  the  ways  and  means  for  the  year  1815. 

4.  It  is  respectfully  suggested  that  the  exportation  of  specie 
should  be  prohibited  for  a  limited  period. 

I  am,  very  respectfully,  sir,  your  most  obedient  servant, 

A.  J.  DALLAS. 

J.  W.  EPPES,  Esq.,  Chairman  of  the  Committee  of  Ways  and 
Means. 


LETTER 

FROM   THE    SECRETARY    OF   THE    TREASURY 

To  the  Chairman  of  the  Committee  of  Ways  and  Means,  submitting  a 
proposition  to  provide  for  paying  the  interest,  and  gradually  reducing 
the  stock  debt,  created  during  the  late  war. 

TREASURY  DEPARTMENT,  February  24,  1815. 

SIR, — I  have  the  honor  to  submit  to  the  consideration  of  the 
Committee  of  Ways  and  Means  a  proposition  to  provide  for 
paying  the  interest,  and  gradually  reducing  the  stock  debt,  which 
has  been  created  during  the  late  war.  It  was  my  intention  to 
have  accompanied  this  communication  with  tables,  illustrating, 
in  detail,  the  operation  of  the  sinking  fund,  as  well  as  the  effect 
of  the  present  proposition;  but  various  causes  render  the  per 
formance  of  this  task  impracticable  before  the  adjournment  of 
Congress;  and  I  cannot  do  better  than  to  refer  to  the  report 
which  was  made  by  the  Treasury  Department  to  the  House  of 
Representatives  on  the  9th  of  April,  1808,  exhibiting  explana 
tory  statements  and  notes  of  the  public  debt,  its  increase  or  de 
crease,  from  the  1st  of  January,  1791,  to  the  1st  of  January, 
1808.  I  shall,  therefore,  confine  my  views  to — 1st,  the  general 
state  of  the  public  debt  before  the  war;  2d,  the  general  state  of 
the  public  debt  contracted  since  the  war;  and  3d,  the  particular 
provision  to  be  now  made  for  the  last  description  of  the  public 
debt. 

I.  On  the  31st  of  December,  1814,  the  amount  of  the  public 
debt,  created  before  the  war,  may  be  estimated  at  $39,905,183  66, 
and  it  consisted  of  the  following  particulars  : 

1.  Old   six  per   cent,  stock,  the   nominal 

amount  being $17,250,871  39 

Of  which  there  had  been  reimbursed....     12,879,283  78 

Leaving  due  on  the  31st  December,  1814 $4,371,587  61 


280  APPENDICES. 

2.  Deferred  six  per  cent,  stock,  the  nomi 
nal  amount  being $9,358,320  35 

Of  which  there  had  been  reimbursed 3,971,148  36 


Leaving  due  on  the  31st  December,  1814 $5,387,171  99 

3.  Three  per  cent  stock 16,158,177  34 

4.  Exchanged  six  per  cent,  stock  under  the  act  of  1812....  2,984,746  72 

5.  Six  per  cent,  stock  of  1796 80,000  00 

6    Louisiana  six  per  cent,  stock 10,923,500  00 

Estimated  amount  of  the  whole  of  the  public  debt,  con 
tracted  before  the  war,  due  on  the  31st  of  December, 
1814 39,905,183  66 

Upon  the  principles   and  estimates  of  the  treasury  report  of 
the  9th  of  April,  1808,  it  was  computed, — 

1.  That  on   the    1st  of  January,  1808,   the   public   debt 

amounted  to $64,700,000  00 

2.  If,  therefore,  the  amount  of  the  public  debt,  computed 

to  be  due  on  the  31st  of  December,  1814,  be  deducted, 

to  wit: 39,905,188  66 


The  amount  redeemed  between  the  1st  of  January,  1808, 

and  the  31st  of  December,  1814,  may  be  estimated  at....  $24,794,816  34 

The  establishment  of  a  sinking  fund  to  redeem  the  principal 
of  the  public  debt  was  coeval  with  the  funding  system  of  1790  ; 
but  the  payment  of  the  interest  of  the  debt  was  not  charged 
upon  that  fund  until  1802.  The  amount  of  the  public  debt  was 
increased  during  several  of  the  years  that  intervened  between 
January,  1791,  and  January,  1803,  and  the  sinking  fund  was  en 
riched  at  various  periods  by  the  assignment  of  additional  reve 
nues.  The  acts  of  the  8th  of  May,  1792,  the  3d  of  March,  1795, 
the  29th  of  April,  1802,  and  the  10th  of  November,  J803,  form, 
however,  the  principal  basis  of  the  present  sinking  fund,  pro 
viding  for  the  annual  payment  of  the  interest,  as  well  as  for  the 
gradual  redemption  of  the  debt. 

Under  the  authority  of  these  acts  of  Congress,  the  sinking 
fund  amounts  to  the  sum  of  $8,000,000  annually,  which,  at  this 
time,  is  supplied  from  the  following  sources: 

1.  From  the  interest  on  such  parts  of  the  public  debt  as 

have  been  reimbursed,  or  paid  off,  and  which,  at  pres 
ent,  amounts  to  thesum  of $1,969,577  64 

2.  From  the  net  proceeds  of  the  sales  of  public  lands  (ex 

clusive  of  lands  sold  in  the  Mississippi  territory, 
which,  as  yet,  belong  to  the  State  of  Georgia),  esti 
mated  annually  at  the  sum  of 800,000  00 

3.  From  the  proceeds  of  duties  on  imports  and  tonnage, 

to  make  the  annual  sum  of  $8,000,000,  estimated  at 

about 5,230,422  36 

$8,000,000  00 


OFFICIAL  LETTERS.  281 

IT.  On  the  31st  of  December,  1814,  the  amount  of  the  public 
debt,  created  since  the  war  (independent  of  temporary  loans  and 
issues  of  treasury  notes),  may  be  estimated  at  $49,780,322  13. 

And  it  consisted  of  the  following  particulars : 

1.  Six  per  cent,  stock  of  1812  (the  eleven  million  loan)....    $7,710,000  00 

2.  Six  per  cent,  stock  of  1813  (the  sixteen  million  loan)...    18,109,377  51 

3.  Six  per  cent,  stock  of  1813  (the  seven  million  five  hun 

dred  thousand  loan) 8,498,583  50 

4.  Six  per  cent,  stock  of  1814  (the  loan  of  ten  millions, 

part  of  the  loan  authorized  for  twenty-five  millions)      9,919,476  25 

5.  Six  per  cent,  stock  of  1814  (the  loan  of  six  millions, 

part  of  the  loan  authorized  for  twenty-five  millions)      4,342,875  00 

$48,580,312  26 

But  it  is  proper  to  bring  into  view  here 
the  additional  six  per  cent,  stock  which 
will  be  created  in  consequence  of  con 
tracts  depending  on  the  31st  of  Decem 
ber,  1814,  to  be  completed  in  1815,  to 
wit : 

1.  The   Committee  of  Defence  of  Phila 

delphia  contracted  to  loan  $100,000,  to 
fortify  the  island  in  the  river  Dela 
ware  called  the  Pea  Patch,  for  six  per 
cent,  stock  at  par,  which  will  be  issued 
under  the  act  of  March,  1812 $100,000  00 

2.  The   corporation    of    New   York    con 

tracted  to  advance  money  for  fortifi 
cations,  supplies,  etc.,  at  New  York, 
on  the  terms  of  the  six  million  loan, 
and  the  amount  being  liquidated,  six 

per  cent,  stock  has  been  ordered  for 1,100,009  87 

1,200,009  87 


$49,780,322  13 

There  are,  however,  other  contracts  for  loans,  made  through 
the  medium  of  the  War  Department,  which  have  been  recognized 
at  the  treasury,  to  be  paid  in  six  per  cent,  stock,  but  which  have 
not  been  so  liquidated,  as  to  furnish  a  ground  to  estimate  their 
amount. 

The  six  per  cent,  stock,  which  was  issued  under  the  act  of  the  24th 
of  March,  1814,  amounting  to  $3,000,000,  and  sent  to  Europe,  has 
not  been,  and  probably  will  not  be,  sold.  It  is,  therefore,  omitted 
in  the  present  estimates. 

Besides  the  funded  debt,  above  stated,  there  have  been  con 
tracted  debts  to  the  amount  of  $19,002,800,  upon  temporary  loans, 
and  upon  the  issues  of  treasury  notes,  consisting  of  the  following 
particulars: 

19 


282  APPENDICES. 

1  Temporary  loans  have  been  obtained  under  the  act  of 
March,  1812  (of  which  the  sum  of  $500,000  became 
due  in  December,  1814,  and  remains  unpaid  ;  and  of 
which  $50,000  will  be  payable  in  the  year  1817),  for.  $550,000  00 

2.  Treasury  notes  had  been  issued  or  ordered  on  the  20th 
of  February,  1815. 

(1)  Payable  on  or  before  the  1st  of  January, 

1815,  due  and  unpaid,  principal ."..  $2,799,200 

(2)  Payable  since  the  1st  of  January,  1815, 

due  and  unpaid... ." 620,000 

(3)  Payable  almost  daily,  from  the  llth  of 

March    to,  and  including,  the    1st    of 

January,  1816 7 7,227,280 

(4)  Payable  from    the  llth  of  January  to, 

and  including,  the  1st  of  March, "1816     7,806,320 

$18,452,800  CO 


Making  floating  public  debt   in  temporary  loans  and 

issues  of  treasury  notes .". $19,002,800  00 

To  which  add  the  amount  of  funded  debt 49,780,322  13 


And  the  whole  of  the  ascertained  amount  of  debt  created 

during  the  war  is  the  sum  of $68,783,122  13 

The  general  claims  for  militia  services  and  supplies  arising 
under  the  authority  of  the  individual  States,  as  well  as  of  the 
United  States,  have  been  partially  exhibited,  but  neither  the 
principle  of  settlement,  nor  the  amount  of  the  claims,  can  at  this 
time  be  stated. 

III.  In  suggesting  provisions  to  pay  the  interest  and  grad 
ually  to  reduce  the  principal  of  the  public  debt,  contracted  since 
the  declaration  of  war,  the  inconvenience  which  has  been  intro 
duced  by  making  the  payment  of  the  principal  and  interest  of 
the  treasury  notes  a  charge  upon  the  sinking  fund  is  greatly  to 
be  lamented.  The  treasury  notes  were  in  their  design,  and 
ought  to  be  in  their  use,  a  species  of  circulating  medium  ;  but  it 
is  evident  that  a  sinking  fund  of  $3, 000,000  could  never  supply 
the  means  of  paying  the  prior  claims,  and  also  of  discharging 
punctually  the  whole  of  the  principal  as  well  as  the  interest  of 
annual  issues  of  treasury  notes,  amounting  to  $8,000,000  or 
$10.000,000.  It  is  indispensable,  therefore,  to  the  free  and  bene 
ficial  operation  of  the  sinking  fund  that  it  should  be  disengaged 
as  soon  as  possible  from  this  burden.  The  means  of  disengaging 
it  are, — 1st,  by  the  payment  of  the  treasury  notes  out  of  the  cur 
rent  revenue  ;  or  2d,  by  funding  them  upon  reasonable  terms 
tinder  the  act  by  which  it  is  proposed  to  authorize  a  loan  for  the 
service  of  the  year  1815  ;  and  these  means,  it  is  believed,  will  be 
effectual. 

The  sinking  fund,  being  thus  emancipated  from  the  treasury- 
note  debt,  would  be  sufficient,  in  1815,  for  the  interest  and  reim 
bursement  of  the  stock  created  before  the  war,  for  the  interest 


OFFICIAL   LETTEES.  283 

of  the  stock  created  since  the  war,  and  for  the  interest  of  the 
loan  to  be  raised  for  the  present  year,  either  in  money  or  by  con 
verting  the  treasury-note  debt  into  stock  debt.  Thus, — 

1.  The  sinking  fund  amounts  to $8,000,000  00 

2.  The  interest  and  reimbursement  of  stocks 

created  before    the  war   will   require  a 

sum  of $3,452,775  46 

3.  The  interest  on  the  stocks  created  since  the 

war  (computed  on  the  above  sum  of 
$49,780,322  13),  and  including  $7,968, 
payable  for  annuities,  will  require  a 
sum  of 2,994,787  32 

4.  The  interest  on  the  loan   for   1815  (com 

puted  to  average  a  half  year's  interest 
on  the  sum  of  $11,500,000,  being  the 
estimated  amount  of  the  treasury  notes, 
which  may  be  converted  into  stocks) 
will  require  a  sum  of , 345,000  00 

5.  But  there  must  be  added  the  interest  and 

principal  of  the  temporary  loans  due 
and  unpaid,  which  were  obtained  under 
the  authority  to  borrow,  granted  by  the 

act  of  the March,  1812,  amounting 

for  1815  to  the  sum  of 533,000  00 

7,325,562  78 


And  would  leave  a  surplus  of $674,437  22 

It  appears,  on  this  view  of  the  sinking  fund,  independent  of 
the  operation  of  the  past  year,  that  there  will  be  a  surplus  of 
$674, 43T  22,  to  be  further  applied  to  the  reduction  of  the  prin 
cipal  both  of  the  old  and  the  new  public  debt.  But  this  can 
only  be  now  done  by  purchases  in  the  market. 

The  proposition  to  be  at  this  time  submitted  to  the  considera 
tion  of  the  Committee  of  Ways  and  Means  in  relation  to  the 
stock  debt  created  since  the  war  involves  the  following  points : 

1.  That  provision  be  made  for  the  payment  or  for  the  funding 
of  the  treasury-note  debt,  so  as  to  relieve  the  sinking  fund  from 
that  charge. 

2.  That  the  sinking  fund  be  applied  in  the  first  place  to  the 
interest  and  reimbursement  of  the  old  six  per  cent,  stock,  accord 
ing  to  the  existing  laws. 

3.  That  the  sinking  fund  be  applied  in  the  second  place  to  the 
payment  of  the  principal   and  interest  of  the  temporary  loans 
obtained  under  the  act  of  March,  1812. 

4.  That  the  sinking  fund  be  applied  in  the  third  place  to  the 
payment  of  the  interest  accruing  upon  the  stock  debt  created 
since  the  war. 

5.  That  the  annual  surplus  of  the  sinking  fund,  after  satisfying 
the  above  objects,  be  applied  to  the  purchase  of  the  stock  created 
since  the  war ;  and  that  the  interest  upon  the  stock  annually  pur- 


284  APPENDICES. 

chased  be  added  from  time  to  time  to  that  appropriation  for  the 
purpose  of  making  new  purchases. 

After  the  present  year,  there  is  reason  to  presume  that  the 
public  revenue  will  considerably  exceed  the  public  expenditure, 
and,  consequently,  that  the  necessity  of  borrowing  will  cease. 
At  that  period  a  more  satisfactory  view  may  be  taken  of  the  sub 
ject  than  can  be  taken  while  the  amount  of  the  public  debt  re 
mains  in  some  measure  unascertained  ;  the  operation  and  product 
of  the  new  taxes,  as  well  as  of  the  impost  upon  the  revival  of 
commerce,  are  conjectural,  and  the  legislative  intentions  respect 
ing  a  peace  establishment  have  not  been  declared. 

Since,  therefore,  the  existing  sinking  fund  (being  relieved  in 
the  manner  before  intimated  from  the  incumbrance  of  the  treas 
ury-note  debt)  is  already  charged  with  the  payment  of  the  in 
terest  on  the  stock  created  since  the  war,  and  will  be  sufficient 
for  that  purpose,  besides  paying  the  interest  and  the  annual  re 
imbursement  of  the  stock  created  before  the  war,  I  respectfully 
propose  that  no  further  step  be  taken  during  the  present  session 
of  Congress  than  to  authorize  the  subscription  of  treasury  notes 
to  the  loan  which  is  now  under  legislative  consideration,  and  to 
direct  the  surplus  of  the  sinking  fund  to  be  applied  to  purchases 
of  the  stock  created  since  the  war  for  the  emolument  of  the  fund. 
But  it  will  be  proper  to  confine  the  benefit  of  subscribing  to  the 
loan  to  such  treasury  notes  only  as  have  been,  or  may  be,  issued 
under  the  acts  which  render  them  a  charge  upon  the  sinking 
fund,  namely,  the  acts  of  the  30th  of  June,  1812,  of  the  25th  of 
February,  1813,  and  of  the  4th  of  March,  1814;  and  the  Secre 
tary  of  the  Treasury  should  be  authorized  to  designate  the  notes 
to  be  received  in  subscription,  from  time  to  time,  according  to 
the  date  of  the  issues. 

I  have  the  honor  to  be,  very  respectfully,  sir,  your  most  obe 
dient  servant, 

A.  J.  DALLAS. 

The  Honorable  J.  W,  EPPES,  Esq.,  Chairman  of  the  Com 
mittee  of  Ways  and  Means. 


OFFICIAL   LETTERS.  285 


LETTER  TO  THE  STATE  BANKS. 

TREASURY  DEPARTMENT,  March  13,  1815. 

SIR, — The  restoration  of  peace,  the  revival  of  commerce,  and 
the  liberal  provision  made  by  Congress,  at  the  last  session,  for 
raising  a  permanent  revenue  from  internal  duties  and  taxes,  will 
furnish  the  treasury  with  ample  means  to  meet  all  the  demands 
upon  it,  and  to  re-establish  the  public  credit  upon  the  surest 
foundations.  It  will  be  a  favorite  object  with  this  department 
to  connect  the  prosperity  of  such  of  the  State  banks  as  are  de 
serving  of  confidence  with  the  fiscal  operations  of  the  govern 
ment;  and  acting  upon  the  principles  of  mutual  interest  and 
good  will,  there  can  be  no  doubt  of  the  decisive  effect  of  the 
joint  efforts  of  those  institutions  and  of  the  treasury  in  relieving 
every  part  of  the  community  from  the  embarrassments  which  the 
want  of  a  competent  circulating  medium  has  produced. 

The  treasury  can,  at  this  time,  offer  great  advantages  to  the 
State  banks  which  shall  be  connected  with  it ;  for  instance, — 

1.  Such  banks  as  hold  treasury  notes  which  are  due  and   un 
paid,  may  fund  them,  upon  equal  and  liberal  terms,  with  other 
holders  under  the  existing  laws. 

2.  The  banks  connected  with  the  treasury  may  be  made  ex 
clusively   tffe  depositaries  of  the  public   revenue  arising   from 
every  source. 

3.  The  notes  of  the  banks  connected  with  the  treasury  may 
be  made  receivable,  exclusively  of  the  notes  of  other  banks,  in 
all  payments  to  the  United  States ;  placing  them  upon  the  same 
footing,  in  that  respect,  as  treasury  notes. 

4.  For  loans  in  anticipation  of  the  revenue,  the  direct  tax  and 
the    duty  upon   distilled    spirits  and  stills    may  be    specifically 
pledged  to  the  banks,  which  shall  make  temporary  advances  for 
the  accommodation  of  the  government. 

The  treasury  requires,  at  this  time,  the  co-operation  of  the 
State  banks,  principally  for  the  purpose  of  facilitating  the  transfer 
of  the  public  money  from  place  to  place ;  for  the  purpose  of  cir 
culating  the  new  issues  of  treasury  notes,  intended  for  general 
convenience,  throughout  the  United  States  ;  and  for  the  purpose 
of  anticipating  a  part  of  the  revenues  of  the  present  year  to 
discharge  the  public  engagements,  which  are  of  immediate 
urgency. 

Upon  these  views,  I  have  deemed  it  a  duty,  frankly  and  cor 
dially,  to  submit  to  your  consideration  the  outline  of  a  plan 
which  is  designed,  in  some  degree,  to  connect  the  State  banks 
specified  in  the  subjoined  list  with  each  other,  and  all  of  them 
with  the  treasury,  upon  safe,  beneficial,  and  patriotic  principles. 


286  APPENDICES. 

The  terms  may  be  modified  so  as  to  be  rendered  generally  satis 
factory  ;  and  the  details  can  easily  be  thrown  into  form. 

PLAN. 

1.  That  the  State  banks,  acceding  to  this  plan,  shall  be  the 
depositaries,  in  fair  proportions,  of  the  public  revenue;  and  that 
their  notes  shall  be  receivable  in  all    payments  to  the  United 
States  for  revenue ;  both  privileges  to  be  enjoyed  in  exclusion  of 
banks  which  are  not  parties  to  the  arrangement. 

2.  That   such   of  the  banks,    acceding   to    this    plan,    as  are 
holders  of  treasury  notes,  due  and  unpaid,  shall  be  permitted 
to   subscribe  the  same  to  the  loan  proposed  under   the   act   of 
the  3d  of  March,  1815,  upon  just  and  liberal  terms,  to  be  settled 
between  the  Secretary  of  the  Treasury  and  the  banks  respect 
ively. 

3."  That  the  banks,  acceding  to  this  plan,  shall  open  accounts, 
each  with  the  rest  of  them,  for  the  purpose  of  accommodating 
the  treasury  in  the  manner  hereafter  stated. 

4.  That  the  banks,  acceding  to  this  plan,  shall  open  and  keep 
accounts  with   the   Treasurer   of  the  United  States,  under  the 
following  heads : 

(1)  "Cash  Account."     To  embrace  all  deposits  of  money;  of 
the  notes  of  the  proper  bank ;  of  the  notes  of  the  other  banks 
acceding  to  this  plan  ;  and  of  such  bank-notes,  or  treasury  notes 
bearing  an  interest,  as  the  bank  may  assent  to  take  to  its  own 
account. 

(2)  "  Special  Deposit."    To  embrace  all  deposits  of  bank-notes, 
and  of  treasury  notes  bearing  an  interest,  which  the  bank  may 
not  assent  to  take  to  its  own  account. 

(3)  "  Small  Treasury  Notes."    To  embrace  all  deposits  of  treas 
ury  notes  not  bearing  an  interest. 

5.  That  the  drafts  of  the  treasurer  shall  specify  on  which  ac 
count  he  draws,  and  the  entries  shall  be  made  accordingly. 

6.  That  the   drafts  of  the   treasurer  upon  any  of  the   banks 
acceding  to  this  plan   shnil  be  received  by  the  bank  to  which  it 
is  sent,  and  shall  be  forthwith  credited  in  the  specified  account: 
thus  enabling  the  treasury  to  transmit  the  public  revenue  from 
one  place  to  another.     But  in  relation  to  this  part  of  the  plan, 
the    treasury  will  take  special  care  to  consult  the  convenience 
and  safety  of  the  banks. 

7.  That   the  banks  acceding  to    this   plan    shall  furnish  the 
treasurer  and  the  Secretary  of  the  Treasury  with  weekly  state 
ments  of  the  treasurer's  accounts.    And  they  shall  transmit  to  the 
secretary,    in  confidence,  a  monthly  statement   of  the  general 
affairs  of  the  bank. 

8.  That  the  banks  acceding  to  this  plan  shall  afford  the  usual 


OFFICIAL   LETTERS.  287 

accommodations  to  the  treasury,  for  the  payment  of  the  dividend 
on  the  public  debt  and  for  negotiating  public  loans. 

9.  That  the  Secretary  of  the  Treasury  may  add  to  or  diminish 
the  number  of  the  banks,  parties  to  this  plan  ;   or  he  may  en 
tirely  annul  the  plan  ;  whenever  he  shall  think  that  the  public 
interest  requires  such  interpositions. 

10.  That  any  of  the  banks  may,   at  their  pleasure,  cease  to 
be  parties  to  the  present  arrangement. 

'As  soon  as  the  sense  of  the  banks,  on  these  propositions,  shall 
be  received,  the  proper  measures  will  be  adopted  to  give  effect 
to  the  general  plan ;  and  I  have  to  request  the  favor  of  an  early 
answer  from  your  institution. 

It  only  remains,  sir,  to  inquire  whether  your  bank  is  disposed 
to  accommodate  the  government,  by  an  advance  of  any,  and  of 
what  proportion,  of  the  direct  tax  assessed  upon  for  the 

year  1815,  upon  an  adequate  pledge  of  that  tax  ?  or  whether  you 
would  make  a  reasonable  advance  upon  a  similar  pledge  of  the 
duty  on  distilled  spirits  and  stills  ? 

I  shall  proceed  immediately  to  Philadelphia  and  New  York 
upon  the  business  of  the  treasury ;  and  your  answer,  if  written 
within  ten  days,  may  be  addressed  to  me  at  the  latter  place. 

I  am,  very  respectfully,  sir,  your  most  obt.  servt., 

A.  J.  DALLAS. 

Boston. State  Bank,  Union  Bank,  Massachusetts  Bank. 

Hartford. — Phoenix  Bank. 

New"  York. — Manhattan  Company,  Mechanics'  Bank,  City 
Bank,  Bank  of  America. 

Philadelphia. — Bank  of  Pennsylvania,  Bank  of  North  America, 
S.  Girard's  Bank,  Bank  of  Philadelphia,  Farmers'  and  Mechanics' 
Bank. 

Baltimore. — Bank  of  Baltimore,  Commercial  and  Farmers' 
Bank. 

Washington. — Bank  of  Washington,  Bank  of  the  Metropolis, 
Bank  of  Columbia. 

Richmond. — Bank  of  Virginia,  Farmers'  Bank  of  Virginia. 

Charleston. — Planters'  and  Mechanics'  Bank. 

Raleigh. — State  Bank  of  North  Carolina. 

Savannah — Planters'  Bank. 


288  APPENDICES. 


LETTEE 

FROM  THE  SECRETARY  OF  THE  TREASURY 

To  the  Chairman  of  the  Committee  on  that  part  of  the  President's  Message 
which  relates  to  an  uniform  National  Currency  ;  inclosing  an  outline 
of  a  plan  for  a  National  Bank,  accompanied  with  some  explanation 
of  the  principles  upon  which  the  system  is  founded. 

TREASURY  DEPARTMENT,  24th  December,  1815. 

SIR, — I  have  the  honor  to  acknowledge  the  receipt  of  your 
letter,  dated  the  23d  instant,  informing  me  ''that  the  committee 
on  so  much  of  the  President's  message  as  relates  to  the  national 
currency,  had  determined  that  a  national  bank  is  the  most  cer 
tain  means  of  restoring  to  the  nation  a  specie  circulation ;"  and 
had  directed  you  to  obtain  the  opinion  of  this  department  on  the 
following  points  : 

1st.  The  amount  and  composition  of  the  capital  of  the  bank. 

2d.   The  government  of  the  bank. 

3d.   The  privileges  and  duties  of  the  bank. 

4th.   The  organization  and  operation  of  the  bank. 

5th.  The  bonus  to  be  required  for  the  charter  of  the  bank. 

6th.  The  measures  which  may  aid  the  bank  in  commencing 
and  maintaining  its  operations  in  specie. 

It  affords  much  satisfaction  to  find  that  the  policy  of  establish 
ing  a  national  bank  has  received  the  sanction  of  the  committee  ; 
and  the  decision,  in  this  respect,  renders  it  unnecessary  to  enter 
into  a  comparative  examination  of  the  superior  advantages  of 
such  an  institution  for  the  attainment  of  the  objects  contem 
plated  by  the  legislature.  Referring,  therefore,  to  the  outline  of 
a  national  bank,  which  is  subjoined  to  this  letter,  as  the  result 
of  an  attentive  consideration  bestowed  upon  the  subjects  of  your 
inquiry,  I  proceed,  with  deference  and  respect,  to  offer  some  ex 
planation  of  the  principles  upon  which  the  system  is  founded. 

I.  Jt  is  proposed  that,  under  a  charter  for  twenty  years,  the 
capital  of  the  national  bank  shall  amount  to  $35,000,000;  that 
Congress  shall  retain  the  power  to  raise  it  to  $50,000,000  ;  and 
that  it  shall  consist  of  three-fourths  of  public  stock  and  one-fourth 
of  gold  and  silver. 

1st.  With  respect  to  the  amount  of  the  capital.  The  services 
to  be  performed  by  the  capital  of  the  bank  are  important,  vari 
ous,  and  extensive.  They  will  be  required  through  a  period 
almost  as  long  as  is  usually  assigned  to  a  generation  They 
will  be  required  for  the  accommodation  of  the  government  in  the 
collection  and  distribution  of  its  revenue,  as  well  as  for  the  uses 
of  commerce,  agriculture,  manufactures,  and  the  arts  throughout 


OFFICIAL  LETTERS.  289 

the  Union.  They  will  be  required  to  restore  and  maintain  the 
national  currency.  And,  in  short,  they  will  be  required,  under 
every  change  of 'circumstances,  in  a  season  of  war  as  well  as  in 
the  season  of  peace,  for  the  circulation  of  the  national  wealth ; 
which  augments  with  a  rapidity  beyond  the  reach  of  ordinary 
calculation. 

In  the  performance  of  these  national  services  the  local  and 
incidental  co-operation  of  the  State  banks  may  undoubtedly  be 
expected  ;  but  it  is  the  object  of  the  present  measure  to  create 
an  independent,  though  not  a  discordant,  institution  ;  and  while 
the  government  is  granting  a  monopoly  for  twenty  years,  it 
would  seem  to  be  improvident  and  dangerous  to  rely  upon 
gratuitous  or  casual  aids  for  the  enjoyment  of  those  benefits 
which  can  be  effectually  secured  by  positive  stipulation. 

Nor  is  it  believed  that  any  public  inconvenience  can  possibly 
arise  from  the  proposed  amount  of  the  capital  of  the  bank  with 
its  augmentable  quality.  The  amount  may,  indeed,  be  a  clog 
upon  the  profits  of  the  institution  ;  but  it  can  never  be  employed 
for  any  injurious  purpose  (not  even  for  the  purpose  of  discount 
accommodation  beyond  the  fair  demand),  without  an  abuse  of 
trust,  which  cannot,  in  candor,  be  anticipated ;  or  which,  if  an 
ticipated,  may  be  made  an  object  of  penal  responsibility. 

The  competition  which  exists,  at  present,  among  the  State 
banks  will,  it  is  true,  be  extended  to  the  national  bank ;  but 
competition  does  not  imply  hostility.  The  commercial  interests, 
and  the  personal  associations  of  the  stockholders,  will  generally 
be  the  same  in  the  State  banks  and  in  the  national  bank.  The 
directors  of  both  institutions  will  naturally  be  taken  from  the 
same  class  of  citizens  And  experience  has  shown  not  only  the 
policy,  but  the  existence  of  those  sympathies  by  which  the  inter 
course  of  a  national  bank  and  the  State  banks  has  been,  and 
always  ought  to  be,  regulated  for  their  common  credit  and  secu 
rity.  At  the  present  crisis  it  will  be  peculiarly  incumbent  upon 
the  national  bank,  as  well  as  the  treasury,  to  conciliate  the  State 
banks ;  to  confide  to  them,  liberally,  a  participation  in  the  de 
posits  of  public  revenue;  and  to  encourage  them  in  every 
reasonable  effort  to  resume  the  payment  of  their  notes  in  coin. 
But,  independent  of  these  considerations,  it  is  to  be  recollected 
that  when  portions  of  the  capital  of  the  national  bank  shall  be 
transferred  to  its  branches,  the  amount  invested  in  each  branch 
will  not,  probably,  exceed  the  amount  of  the  capital  of  any  of  the 
principal  State  banks  ;  and  will  certainly  be  less  than  the  amount 
of  the  combined  capital  of  the  State  banks  operating  in  any  of 
the  principal  commercial  cities.  The  whole  number  of  the  bank 
ing  establishments  in  the  United  States  may  be  stated  at  '260, 
and  the  aggregate  amount  of  their  capitals  may  be  estimated  at 
$85,000,000 ;  but  the  services  of  the  national  bank  are  also  re- 


290  APPENDICES. 

quired  in  every  State  and  Territory ;  and  the  capital  proposed  is 
$35,000,000,  of  which  only  one-fourth  part  will  consist  of  gold 
and  silver. 

2d.  With  respect  to  the  composition  of  the  capital  of  the  bank. 
There  does  not  prevail  much  diversity  of  opinion  upon  the  pro 
position  to  form  a  compound  capital  for  the  national  bank,  partly 
of  public  stock  and  partly  of  coin.  The  proportions  now  sug 
gested  appear,  also,  to  be  free  from  any  important  objections. 
Under  all  the  regulations  of  the  charter,  it  is  believed  that  the 
amount  of  gold  and  silver  required  will  afford  an  adequate  sup 
ply  for  commencing  and  continuing  the  payments  of  the  bank  in 
current  coin ;  while  the  power  which  the  bank  will  possess  to 
convert  its  stock  portion  of  capital  into  bullion  or  coin,  from  time 
to  time,  is  calculated  to  provide  for  any  probable  augmentation 
of  the  demand.  This  object  being  sufficiently  secured,  the 
capital  of  the  bank  is  next  to  be  employed,  in  perfect  consistency 
with  the  general  interests  and  safety  of  the  institution,  to  raise 
the  value  of  the  public  securities  by  withdrawing  almost  one-fifth 
of  the  amount  from  the  ordinary  stock  market.  JSTor  will  the 
bank  be  allowed  to  expose  the  public  to  the  danger  of  a  depre 
ciation,  by  returning  any  part  of  the  stock  to  the  market,  until  it 
has  been  offered,  at  the  current  price,  to  the  commissioners  of  the 
sinking  fund;  and  it  is  not  an  inconsiderable  advantage,  in  the 
growing  state  of  the  public  revenue,  that  the  stock  subscribed  to 
the  capital  of  the  bank  will  become  redeemable  at  the  pleasure 
of  the  government. 

The  subscription  to  the  capital  of  the  bank  is  opened  to  every 
species  of  funded  stock.  The  estimate  that  the  revenues  of  1816 
and  1817  will  enable  the  treasury  to  discharge  the  whole  of  the 
treasury-note  debt,  furnishes  the  only  reason  for  omitting  to 
authorize  a  subscription  in  that  species  of  debt.  Thus, — 

The  old  and  the  new  six  per  cent,  stocks  are  receivable  at  par. 

The  seven  per  cent,  stock,  upon  a  valuation  referring  to  the 
30th  of  September,  1816,  is  receivable  at  $106  51  per  cent. 

The  three  per  cent,  stock,  which  can  only  be  redeemed  for  its 
nominal  or  certificate  value,  may  be  estimated,  under  all  circum 
stances,  to  be  worth  about  sixty- two  per  cent,  when  the  six  per 
cent,  stock  is  at  par;  but  as  it  is  desirable  to  accomplish  the  re 
demption  of  this  stock,  upon  equitable  terms,  it  is  made  receiv 
able  at  sixty-five  per  cent., — the  rate  sanctioned  by  the  govern 
ment,  and  in  part  accepted  by  the  stockholders,  in  the  year  180*7. 

Of  the  instalments  for  paying  the  subscriptions,  it  is  only  neces 
sary  to  observe  that  they  are  regulated  by  a  desire  to  reconcile 
an  early  commencement  of  the  operations  of  the  bank  with  the 
existing  difficulties  in  the  currency  and  with  the  convenience  of 
the  subscribers.  In  one  of  the  modes  proposed  for  discharging 
the  subscription  of  the  government,  it  is  particularly  contemplated 


OFFICIAL   LETTERS.  291 

to  aid  the  bank  with  a  medium  which  cannot  fail  to  alleviate  the 
first  pressure  for  payments  in  coin. 

II.  It  is  proposed  that  the  national  bank  shall  be  governed  by 
twenty-five  directors,  and  each  of  its  branches  by  thirteen  di 
rectors  ;  that  the  President  of  the  United  States,  with  the  advice 
and  consent  of  the  Senate,  shall  appoint  five  of  the  directors  of 
the  bank,  one  of  whom  shall  be  chosen  as  president  of  the  bank 
by  the  board  of  directors ;  that  the  resident  stockholders  shall 
elect  twenty  of  the  directors  of  the  national  bank,  who  shall  be 
resident  citfzens  of  the  United  States  ;  and  that  the  national  bank 
shall  appoint  the  directors  of  each  branch  (being  resident  citizens 
of  the  United  States),  one  of  whom  shall  be  designated  by  the 
Secretary  of  the  Treasury,  with  the  approbation  of  the  President 
of  the  United  States,  to  "be  president  of  the  branch  bank. 

The  participation  of  the  President  and  Senate  of  the  United 
States  in  the  appointment  of  directors,  appears  to  be  the  only 
feature  in  the  proposition  for  the  government  of  the  national  bank 
which  requires  an  explanatory  remark. 

Upon  general  principles,  wherever  a  pecuniary  interest  is  to 
be  affected  by  the  operations  of  a  public  institution,  a  representa 
tive  authority  ought  to  be  recognized.  The  United  States  will 
be  the  proprietors  of  one-fifth  of  the  capital  of  the  bank,  and  in 
that  proportion,  upon  general  principles,  they  should  be  repre 
sented  in  the  direction.  But  an  apprehension  has  sometimes 
been  expressed,  lest  the  power  of  the  government  thus  inserted 
into  the  administration  of  the  affairs  of  the  bank  should  be  em 
ployed  eventually  to  alienate  the  funds  and  to  destroy  the  credit 
of  the  institution.  Whatever  may  have  been  the  fate  of  banks 
in  other  countries,  subject  to  forms  of  government  essentially 
different,  there  can  be  no  reasonable  cause  for  the  apprehension 
here.  Independent  of  the  obvious  improbability  of  the  attempt, 
the  government  of  the  United  States  cannot  by  any  legislative 
or  executive  act  impair  the  rights  or  multiply  the  obligations  of 
a  corporation  constitutionally  established,  as  long  as  the  inde 
pendence  and  integrity  of  the  judicial  power  shall  be  maintained. 
Whatever  accommodation  the  treasury  may  have  occasion  to 
ask  from  the  bank  can  only  be  asked  under  the  license  of  a  law ; 
and  whatever  accommodation  shall  be  obtained  must  be  obtained 
from  the  voluntary  assent  of  the  directors,  acting  under  the  re 
sponsibility  of  their  trust. 

Nor  can  it  be  doubted  that  the  department  of  the  government 
which  is  invested  with  the  power  of  appointment  to  all  the  im 
portant  offices  of  the  State,  is  a  proper  department  to  exercise  the 
power  of  appointment  in  relation  to  a  national  trust  of  incalcu 
lable  magnitude.  The  national  bank  ought  not  to  be  regarded 
simply  as  a  commercial  bank.  It  will  not  operate  upon  the 
funds^of  the  stockholders  alone,  but  much  more  upon  the  funds 


292  APPENDICES. 

of  the  nation.  Its  conduct,  good  or  bad,  will  not  affect  the  cor 
porate  credit  and  resources  alone,  but  much  more  the  credit  and 
resources  of  the  government.  In  fine,  it  is  not  an  institution 
created  for  the  purposes  of  commerce  and  profit  alone,  but  much 
more  for  the  purposes  of  national  policy,  as  an  auxiliary  in  the 
exercise  of  some  of  the  highest  powers  of  the  government, 
Under  such  circumstances  the  public  interest  cannot  be  too  cau 
tiously  guarded,  and  the  guards  proposed  can  never  be  injurious 
to  the  commercial  interests  of  the  institution.  The  right  to 
inspect  the  general  accounts  of  the  bank  may  be  employed  to 
detect  the  evils  of  a  maladministration  ;  but  an  interior  agency 
in  the  direction  of  its  affairs  will  best  serve  to  prevent  them. 

III.  It  is  proposed  that,  in  addition  to  the  usual  privileges  of 
a  corporation,  the  notes  of  the  national  bank  shall  be  received  in 
all  payments  to  the  United  States,  unless  Congress  shall  hereafter 
otherwise  provide  by  law ;  and  that,  in  addition  to  the   duties 
usually  required  from  a  corporation  of  this  description,  the  na 
tional  bank  shall  be  employed  to  receive,  transfer,  and  distribute 
the  public  revenue  under  the  directions  of  the  proper  depart 
ment. 

The  reservation  of  a  legislative  power  on  the  subject  of  accept 
ing  the  notes  of  the  national  bank  in  payments  to  the  government 
is  the  only  new  stipulation  in  the  present  proposition.  It  is 
designed  not  merely  as  one  of  the  securities  for  the  general 
conduct  of  the  bank,  but  as  the  means  of  preserving  entire  the 
sovereign  authority  of  Congress  relative  to  the  coin  and  currency 
of  the  United  States.  Recent  occurrences  inculcate  the  expedi 
ency  of  such  a  reservation,  but  it  may  be  confidently  hoped  that 
an  occasion  to  enforce  it  will  never  arise. 

It  is  not  proposed  to  stipulate  that  the  bank  shall  in  any  case 
be  bound  to  make  loans  to  the  government ;  but,  in  that  respect, 
whenever  a  loan  is  authorized  by  law  the  government  will  act 
upon  the  ordinary  footing  of  an  applicant  for  pecuniary  accom 
modation. 

IV.  It  is  proposed  that  the  organization  of  the  national  bank 
shall  be  effected  with  as  little  delay  as  possible ;  and  that  its 
operations  shall  commence  and  continue  upon  the  basis  of  pay 
ments  in  the  current  coin  of  the  United  States,  with  a  qualified 
power  under  the  authority  of  the  government  to  suspend  such 
payments. 

The  proposition  now  submitted  necessarily  implies  an  opinion 
that  it  is  practicable  to  commence  the  operations  of  the  national 
bank  upon  a  circulation  of  gold  and  silver  coin  ;  and  in  support 
of  the  opinion  a  few  remarks  are  respectfully  offered  to  the  con 
sideration  of  the  committee. 

1.  The  actual  receipts  of  the  bank  at  the  opening  of  the  sub 
scription  will  amount  to  the  sum  of  $8,400,000,  of  which  the 


OFFICIAL   LETTERS.  293 

sum  of  $1,400,000  will  consist  of  gold  and  silver,  and  the  sum 
of  $7,000,000  will  consist  of  public  stock  convertible  by  sale  into 
gold  and  silver.  But  the  actual  receipts  of  the  bank,  at  the 
expiration  of  six  months  from  the  opening  of  the  subscription, 
will  amount  to  the  sum  of  $16,800,000,  of  which  the  sum  of 
$2,800,000  will  be  in  gold  and  silver,  and  the  sum  of  $14,000,000 
will  be  in  public  stock  convertible  by  sale  into  gold  and  silver.  To 
the  fund  thus  possessed  by  the  bank,  the  accumulations  of  the  pub 
lic  revenue  and  the  deposits  of  individuals  being  added,  there  can 
be  little  doubt,  from  past  experience  and  observation  in  reference  to 
similar  establishments,  that  a  sufficient  foundation  will  exist  for  a 
gradual  and  judicious  issue  of  bank-notes  payable  on  demand  in  the 
current  coin ;  unless,  contrary  to  all  probability,  public  confidence 
should  be  withheld  from  the  institution,  or  sinister  combinations 
should  be  formed  to  defeat  its  operations,  or  the  demands  of  an  un 
favorable  balance  of  trade  should  press  upon  its  metallic  resources. 

2.  The  public  confidence  cannot  be  withheld  from  the  institu 
tion.     The  resources  of  the  nation  will  be  intimately  connected 
with  the  resources  of  the  bank.     The  notes  of  the  bank  are 
accredited  in  every  payment  to  the  government,  and  must  become 
familiar   in   every  pecuniary  negotiation.     Unless,  therefore,  a 
state  of  things  exist  in  which  gold  and  silver  only  can  command 
the  public  confidence,  the  national  bank  must  command  it.     But 
the  expression  of  the  public  sentiment  does  not,  even  at  this 
period,  leave  the  question  exposed  to  difficulty  and  doubt ;  it  is 
well  known  that  the  wealth  of  opulent  and  commercial  nations 
requires  for  its  circulation  something  more  than  a  medium  com 
posed  of  the  precious  metals.     The  incompetency  of  the  existing 
paper    substitutes  to  furnish  a  national   currency  is  also  well 
known.     Hence,  throughout  the  United  States,  the  public  hope 
seems  to  rest  at  this  crisis  upon  the  establishment  of  a  national 
bank  ;  and  every  citizen,  upon  private  or  upon  patriotic  motives, 
will  be  prepared  to  support  the  institution. 

3.  Sinister  combinations  to  defeat  the  operations  of  a  national 
bank  ought  not  to  be  presumed  and  need  not  be  feared.     It  is 
true  that  the  influence  of  the  State  banks  is  extensively  diffused ; 
but  the  State  banks  and  the  patrons  of  the  State  banks  partake 
of  the  existing  evils ;  they  must  be  conscious  of  the  inadequacy 
of  State  institutions  to  restore  and  maintain  the  national  cur 
rency  ;  they  will  perceive  that  there  is  sufficient  space  in  the 
commercial  sphere  for  the  movement  of  the  State  banks  and  the 
national  bank ;  and,  upon  the  whole,  they  will  be  ready  to  act 
upon  the  impulse  of  a  common  duty  and  a  common  interest.    If, 
however,  most  unexpectedly  a  different  course  should  be  pursued, 
the  concurring  powers  of  the  national  treasury  and  the  national 
bank  will  be  sufficient  to  avert  the  danger. 

4.  The  demand  of  an  unfavorable  balance  of  trade  appears  to 


294  APPENDICES. 

be  much  overrated.  It  is  not  practicable  at  this  time  to  ascertain 
either  the  value  of  the  goods  imported  since  the  peace  or  the 
value  of  the  property  employed  to  pay  for  them.  But  when  it  is 
considered  that  a  great  proportion  of  the  importations  arose  from 
investments  of  American  funds  previously  in  Europe;  that  a 
great  proportion  of  the  price  has  been  paid  by  American  exports; 
that  a  great  proportion  has  been  paid  by  remittances  in  American 
stocks  ;  and  that  a  great  proportion  remains  upon  credit,  to  be 
paid  by  gradual  remittances  of  goods  as  well  as  in  coin,  it  cannot 
be  justly  concluded  that  the  balance  of  trade  has  hitherto  mate 
rially  affected  the  national  stock  of  the  precious  metals.  So  far 
as  an  opportunity  has  occurred  for  observation,  the  demand  for 
gold  and  silver  to  export  appears  rather  to  have  arisen  from  the 
expectation  of  obtaining  a  higher  price  in  a  part  of  Europe,  and 
from  the  revival  of  commerce  with  the  countries  beyond  the  Cape 
of  Good  Hope,  than  from  any  necessity  to  provide  for  the  pay 
ment  of  the  recent  importations  of  goods  into  the  United  States. 
The  former  of  these  causes  will  probably  soon  cease  to  operate ; 
and  the  operation  of  the  latter  may,  if  necessary,  be  restrained 
by  law. 

The  proposition  now  under  consideration  further  provides  for 
a  suspension  of  the  bank  payments  in  coin  upon  any  future 
emergency.  This  is  merely  a  matter  of  precaution  ;  but  if  the 
emergency  should  arise,  it  must  be  agreed  on  all  hands  that  the 
power  of  suspension  ought  rather  to  be  confided  to  the  govern 
ment  than  to  the  directors  of  the  institution. 

V.  It  is  proposed  that  a  bonus  be  paid  to  the  government  by 
the  subscribers  to  the  national  bank,  in  consideration  of  the 
emoluments  to  be  derived  from  an  exclusive  charter  during  a 
period  of  twenty  years. 

Independent  of  the  bonus  here  proposed  to  be  exacted,  there 
are  undoubtedly  many  public  advantages  to  be  drawn  from  the 
establishment  of  the  national  bank;  but  these  are  generally  of  an 
incidental  kind,  and  (as  in  the  case  of  the  deposits  and  distribu 
tion  of  the  revenue)  may  be  regarded  in  the  light  of  equivalents, 
not  for  the  monopoly  of  the  charter,  but  for  the  reciprocal  advan 
tages  of  a  fiscal  connection  with  the  public  treasury. 

The  amount  of  the  bonus  should  be  in  proportion  to  the  value 
of  the  charter  grant;  or,  in  other  words,  to  the  net  profits  which 
the  subscribers  will  probably  make  in  consequence  of  their  incor 
poration.  The  average  rate  of  the  dividends  of  the  State  banks 
before  the  suspension  of  payments  in  coin  was  about  eight  per 
cent,  per  annum.  It  appears  by  a  report  from  this  department 
to  the  House  of  Representatives,  dated  the  3d  of  April,  1810, 
that  the  annual  dividends  of  the  late  Bank  of  the  United  States 
averaged  throughout  the  duration  of  its  charter  the  rate  of  8|-f 
per  cent.  But  under  all  the  circumstances  which  will  attend  the 


OFFICIAL   LET  TEES.  295 

establishment  and  operations  of  the  proposed  national  bank,  its 
enlarged  capital,  and  the  extended  field  of  competition,  it  is  not 
deemed  reasonable,  for  the  present  purpose,  to  rate  the  annual 
dividends  of  the  institution  higher  than  seven  per  cent,  upon  its 
capital  of  $35,000,000. 

Allowing,  therefore,  two,  three,  and  four  years  for  the  payment 
of  the  bonus,  a  sum  of  $1,500,000  would  amount  to  about  four 
per  cent,  upon  the  capital  of  the  bank,  and  would  constitute  a 
just  equivalent  for  the  benefits  of  its  charter. 

VI.  It  is  proposed  that  the  measures  suggested  by  the  follow 
ing  considerations  be  adopted,  to  aid  the  national  bank  in  com 
mencing  and  maintaining  its  operations  upon  the  basis  of  pay 
ments  in  the  current  coin. 

1.  To  restore  the  national  currency  of  gold  and  silver,  it  is 
essential  that  the  quantity  of  bank  paper  in  circulation  should  be 
reduced  ;  but  this  effort  alone  will  be  sufficient  to  effect  the  object. 
By  reducing  the  amount  of  bank  paper,  its  value  must  be  propor 
tionally  increased  ;  and  as  soon  as  the  amount  shall  be  contracted 
to  the  limits  of  a  just  proportion  in  the  circulating  medium  of 
the  country,  the  consequent  revival  of  the  uses  for  coin,  m  the 
business  of  exchange,  will  insure  its  reappearance  in  abundance. 
The  policy,  the  interest,  and  the  honor  of  the  State  banks,  will 
stimulate  them  to  undertake  and  to  prosecute  this  salutary  work. 
But  it  will  be  proper  to  apprise  them  that  after  a  specified  day 
the  notes  of  such  banks  as  have  not  resumed  their  payments  in 
the  current  coin  will  not  be  received  in  payments,  either  to  the 
government  or  to  the  national  bank. 

2.  The  resumption  of  payments  in  current  coin,  at  the  State 
banks,  will  remove  every  obstacle  to  the  commencement  of  simi 
lar  payments  at  the  national  bank.    The  difficulty  of  commencing 
payments  in  coin  is  not,  however,  to  be  considered  as  equal  to 
the  difficulty  of  resuming  them.     The  national  bank,  free  from 
all  engagements,  will   be  able  to  regulate  its  issues  of  paper 
with  a  view  to  the  danger  as  well  as  to  the  demand  that  may  be 
found  to  exist.     But  in  addition  to  the  privileges  granted  by  the 
charter,  it  will  also  be  proper  to  apprise  the  State  banks,  that 
after  the  commencement  of  the  operations  of  the  national  bank 
the  notes  of  such  banks  as  do  not  agree  to  receive,  reissue,  and 
circulate  the  notes  of  that  institution  shall  not  be  received  in 
payments  either  to  the  government  or  to  the  national  bank. 

3.  The  possibility  that  the  national  currency  of  coin  may  not 
be  perfectly  restored  at  the  time  of  organizing  the   bank,  has 
induced  the  proposition  that  the  payment  of  the  government  sub 
scription  to  the  capital  shall  be  made  in  treasury  notes,  which 
will  be  receivable  in  all  payments  to  the  government,  and  to  the 
national  bank,  but  which  will  not  be  demandable  in  coin.     The 
principle  of  this  proposition  might  perhaps  be  usefully  extended 


296  APPENDICES. 

to  authorize  the  national  bank  to  issue  notes  of  a  similar  char 
acter  for  a  limited  period:  and  it  will  be  proper  further  to 
apprise  the  State  banks,  that  the  notes  of  such  banks  as  do  not 
agree  to  receive,  reissue,  and  circulate  these  treasury  notes  or 
national  bank  notes  shall  not  be  received  in  payments  either  to 
the  government  or  to  the  national  bank. 

I  have  the  honor,  very  respectfully,  sir,  to  be  your  most  obe 
dient  servant, 

A.  J.  DALLAS. 

The  Hon.  JOHN  C.  CALHOUN,  Chairman  of  the  Committee  on 
the  National  Currency. 

OUTLINE  OF  A  PLAN  FOR  THE  NATIONAL  BANK. 

I.   The  charter  of  the  bank. 

1.  To  continue  twenty-one  years. 

2.  To  be  exclusive. 

II.  The  capital  of  the  bank. 

1.  To  be  $35,000,000— at  present. 

2.  To  be  augmentable  by  Congress  to  $50,000,000,  and  the 
additional  sum  to  be  distributed  among  the  several  States. 

3.  To  be  divided  into  350,000  shares  of  $100  each,  on  the 
capital  of  $35,000,000,  and  to  be  subscribed,— 

By  the  United  States,  one-fifth,  or  70,000  shares $7,000,000 

By  corporations  and  individuals,  four-fifths,  or  280,000,000 
'shares...  28,000,000 


$35,000,000 

4.  To  be  compounded  of  public  debt  and  of  gold  and  silver ; 
as  to  the  subscriptions  of  corporations  and  individuals,  in  the 
proportions — 

Of  funded  debt,  three-fourths,  equal  to $21,000,000 

Of  gold  and  silver,  one-fourth,  equal  to 7,000,000 

$28,000,000 

The  subscriptions  of  six  per  cent,  stock  to  be  at  par. 

The  subscriptions  of  three  per  cent,  stock  to  be  at  sixty-five 
per  cent. 

The  subscriptions  of  seven  per  cent,  stock  to  be  at  $106  51 
per  cent. 

5.  The  subscriptions  in   public  debt  may  be  discharged  at 
pleasure  by  the  government  at  the  rate  at  which  it  is  subscribed. 

6.  The  subscriptions  of  corporations  or  individuals  to  be  pay 
able  by  instalments. 

(1.)   Specie,  at  subscribing : 


OFFICIAL   LETTERS.  297 

On  each  share,  $5 $1,400,000 

At  6  months,        5 1,400,000 

At  12  months,      5 1,400,000 

At  18  months,    10 2,800,000 

$7,000,000 
(2)  Public  debt,  at  subscribing  : 

Each  shars,       $25 $7,000,000 

At  6  months,       25 7,000.000 

At  12  months,     25 7,000,000 


$28,000,000 

t.  The  subscription  of  the  United  States  to  be  paid  in  instal 
ments,  not  extending  beyond  a  period  of  seven  years  ;  the  first  in 
stalments  to  be  paid  at  the  time  of  subscribing,  and  the  payments 
to  be  made  at  the  pleasure  of  the  government,  either  in  gold  and 
silver,  or  in  six  per  cent,  stock,  redeemable  at  the  pleasure  of  the 
government,  or  in  treasury  notes  not  fundable  nor  bearing  in 
terest,  nor  payable  at  a  particular  time,  but  receivable  in  all  pay 
ments  to  the  government,  and  also  in  all  payments  to  the  bank, 
with  a  right  on  the  part  of  the  bank  to  reissue  the  treasury  notes 
so  paid  from  time  to  time,  until  they  are  discharged  by  payments 
to  the  government. 

8.  The  bank  shall  be  at  liberty  to  sell  the  stock  portion  of  its 
capital,  to  an  amount  not  exceeding  in  any  one  year; 

but  if  the  sales  are  intended  to  be  effected  in  the  United  States, 
notice  thereof  shall  be  given  to  the  Secretary  of  the  Treasury 
that  the  commissioners  of  the  sinking  fund  may,  if  they  please, 
become  the  purchasers  at  the  market  price,  not  exceeding  par. 

III.  The  government  of  the  bank. 

1.  The  bank  shall  be  established  at  Philadelphia,  with  power 
to  erect  branches,  or  to  employ  State  banks  as  branches  else 
where. 

2.  There  shall  be  twenty-five  directors  for  the  bank  at  Phila 
delphia,  and  thirteen  directors  for  each  of  the  branches  where 
branches  are  erected,  with  the  usual  description  and  number  of 
officers. 

3.  The  President  of  the  United  States,  with  the  advice  and 
consent  of  the  Senate,  shall  annually  appoint  five  of  the  directors 
of  the  bank  at  Philadelphia. 

4.  The  qualified  stockholders  shall  annually  elect  twenty  of 
the  directors  of  the  bank  at  Philadelphia ;  but  a  portion  of  the 
directors  shall  be  changed  at  every  annual  election,  upon  the 
principle  of  rotation. 

5.  The  directors  of  the  bank  at  Philadelphia  shall  annually, 
at  their  first  meeting  after  their  election,  choose  one  of  the  five 
directors  appointed  bv  the  President  and  Senate  of  the  United 

20 


298  APPENDICES. 

States,  to  be  president  of  the  bank;  and  the  president  of  the 
bank  shall  always  be  re-eligible  if  reappointed. 

6.  The  directors  of  the  bank  at  Philadelphia  shall  annually 
appoint  thirteen  directors  for  each  of  the  branches  where  branches 
are  erected,  and  shall  transmit  a  list  of  the  persons  appointed  to 
the  Secretary  of  the  Treasury. 

7.  The  Secretary  of  the  Treasury,  with  the  approbation  of  the 
President  of  the  United  States,  shall  annually  designate  from 
the  list  of  the  branch  directors,  the  person  to  be  the  president  of 
the  respective  branches. 

8.  None  but  resident  citizens  of  the  United  States  shall  be 
directors  of  the  bank,  or  its  branches. 

9.  The  stockholders  may  vote  for  directors  in  person  or  by 
proxy  ;  but  no  stockholder,  who  is  not  resident  within  the  United 
States  at  the  time  of  election,  shall  vote  by  proxy  ;  nor  shall 
any  one  person  vote  as  proxy  a  greater  number  of  votes  than  he 
would  be  entitled  to  vote  in  his  own  right,  according  to  a  scale 
of  voting  to  be  graduated  by  the  number  of  shares  which  the 
voters  respectively  hold. 

10.  The  bank  and  its  several  branches,  or  the  State  banks 
employed  as  branches,  shall  furnish  the  officer  at  the  head  of  the 
Treasury  Department  with  statements  of  their  officers,  in  such 
form  and  at  such  period  as  shall  be  required. 

IV.  The  privileges  and  duties  of  the  bank. 

1.  The  bank  shall  enjoy  the  usual  privileges,  and  be  subject  to 
the  usual  restrictions  of  a  body  corporate  and  politic,  instituted 
for  such  purposes,  and  the  forgery  of  its  notes  shall  be  made 
penal. 

2.  The  notes  of  the  bank  shall  be  receivable  in  all  payments 
to  the  United  States,  unless  Congress  shall  hereafter  otherwise 
provide  by  law. 

3.  The  bank  and  its  branches,  and  State  banks  employed  as 
branches,  shall  give  the  necessary  aid  and  facility  to  the  treasury 
for  transferring  the  public  funds  from  place  to  place,  and  for 
making  payments  to  the  public  creditors,  without  charging  com 
missions,  or  claiming  allowances  on  account  of  differences  of  ex 
change,  etc. 

V.  The  organization  and  operation  of  the  bank. 

1.  Subscriptions  to  be  opened  with  as  little  delay  as  possible, 
and  at  as  few  places  as  shall  be  deemed  just  and  convenient. 
The  commissioners  may  be  named  in  the  act  or  be  appointed  by 
the  President. 

2.  The  bank  to  be  organized  and  commence  its  operations  in 
specie  as  soon  as  the  sum  of  $1,400,000  has  been  actually  received 
from  the  subscriptions  in  gold  and  silver. 

3.  The  bank  shall  not  at  any  time  suspend  its  specie  payments, 
unless  the  same  shall  be  previously  authorized  by  Congress,  if 


CAUSES,  ETC.  OF  THE  WAS.  299 

in  session,  or  by  the  President  of  the  United  States  if  Congress 
be  not  in  session.  In  the  latter  case,  the  suspension  shall  con 
tinue  for  six  weeks  after  the  meeting  of  Congress,  and  no  longer, 
unless  authorized  by  law. 

VI.  The  bonus  for  the  charter  of  the  bank. 

The  subscribers  to  the  bank  shall  pay  a  premium  to  the  govern 
ment  for  its  charter.  Estimating  the  profits  of  the  bank  from  the 
probable  advance  in  the  value  of  its  stock,  and  the  result  of  its 
business  when  in  full  operation,  at  seven  per  cent.,  a  bonus  of 
$1,500,000,  payable  in  equal  instalments  of  two,  three,  and  four 
years  after  the  bank  commences  its  operations,  might,  under  all 
circumstances,  be  considered  as  about  four  per  cent,  upon  its 
capital,  and  would  constitute  a  reasonable  premium. 


No.  5. 

NOTE. — This  Exposition  of  the  Causes  and  Character  of  the  War  was 
prepared  and  committed  to  the  press  before  any  account  had  been  received  in 
the  United  States  of  the  signature  of  a  treaty  of  peace  by  the  American  and 
the  British  negotiators;  and  it  would  have  been  difficult,  even  if  it  were 
desirable,  to  withhold  the  exposition  from  the  public. 

But  the  charges  which  have  been  solemnly  exhibited  against  the  Amer 
ican  government,  in  the  face  of  the  world,  render  an  exposition  of  its 
conduct  necessary,  in  peace  as  much  as  in  war,  for  the  honor  of  the  United 
States  and  the  unsullied  reputation  of  their  arms,  lest  those  charges  should 
obtain  credit  with  the  present  generation,  or  pass  for  truth  into  the  history 
of  the  times,  upon  the  evidence  of  a  silent  acquiescence. 


AN  EXPOSITION 

OF    THE    CAUSES    AND    CHARACTER    OF   THE   WAR. 

Whatever  may  be  the  termination  of  the  negotiations  at  Ghent, 
the  despatches  of  the  American  commissioners,  which  have  been 
communicated  by  the  President  of  the  United  States  to  the  Con 
gress  during  the  present  session,  will  distinctly  unfold  to  the  at 
tentive  and  impartial  of  all  nations  the  objects  and  dispositions 
of  the  parties  to  the  present  war. 

The  United  States,  ^relieved  by  the  general  pacification  of  the 
treaty  of  Paris  from  the  danger  of  actual  sufferance  under  the 
evils  which  had  compelled  them  to  resort  to  arms,  have  avowed 
their  readiness  to  resume  the  relations  of  peace  and  amity  with 


300  APPENDICES. 

Great  Britain  upon  the  simple  and  single  condition  of  preserving 
their  territory  and  their  sovereignty  entire  and  unimpaired. 
Their  desire  of  peace,  indeed,  "  upon  terms  of  reciprocity,  con 
sistent  with  the  rights  of  both  parties,  as  sovereign  and  inde 
pendent  nations,"*  has  not,  at  any  time,  been  influenced  by  the 
provocations  of  an  unprecedented  course  of  hostilities,  by  the  in 
citements  of  a  successful  campaign,  or  by  the  agitations  which 
have  seemed  again  to  threaten  the  tranquillity  of  Europe. 

But  the  British  government,  after  inviting  "a  discussion  with 
the  government  of  America  for  the  conciliatory  adjustment  of  the 
differences  subsisting  between  the  two  states,  with  an  earnest  de 
sire  on  their  part  (as  it  was  alleged)  to  bring  them  to  a  favorable 
issue  upon  principles  of  a  perfect  reciprocity  not  inconsistent  with 
the  established  maxims  of  public  law  and  with  the  maritime 
rights  of  the  British  Empire, "f  and  after  ''expressly  disclaiming 
any  intention  to  acquire  an  increase  of  territory,  "J  have  peremp 
torily  demanded,  as  the  price  of  peace,  concessions  calculated 
merely  for  their  own  aggrandizement  and  for  the  humiliation  of 
their  adversary.  At  one  time  they  proposed,  as  their  sine  qua 
non,  a  stipulation,  that  the  Indians  inhabiting  the  country  of  the 
United  States,  within  the  limits  established  by  the  treaty  of  1783, 
should  be  included  as  the  allies  of  Great  Britain  (a  party  to  that 
treaty)  in  the  projected  pacification  ;  and  that  definite  boundaries 
should  be  settled  for  the  Indian  territory,  upon  a  basis  which 
would  have  operated  to  surrender  to  a  number  of  Indians,  not 
probably  exceeding  a  few  thousands,  the  rights  of  sovereignty, 
as  well  as  of  soil,  over  nearly  one-third  of  the  territorial  domin 
ions  of  the  United  States,  inhabited  by  more  than  one  hundred 
thousand  of  their  citizens. §  And,  more  recently  (withdrawing, 
in  effect,  that  proposition),  they  have  offered  to  treat,  on  the  basis 
of  the  uti  possidetis,  when,  by  the  operations  of  the  war,  they 
had  obtained  the  military  possession  of  an  important  part  of  the 
State  of  Massachusetts,  which,  it  was  known,  could  never  be  the 
subject  of  a  cession,  consistently  with  the  honor  and  faith  of 

*  See  Mr.  Monroe's  letter  to  Lord  Castlereagh,  dated  January,  1814. 

f  See  Lord  Castlereagh's  letter  to  Mr.  Monroe,  dated  the  4th  of  No 
vember,  1813. 

J  See  the  American  despatch,  dated  the  12th  of  August,  1814. 

|  See  the  American  despatches,  dated  the  12th  and  19th  of  August,  1814  ; 
the  note  of  the  British  commissioners,  dated  the  19th  of  August,  1814; 
the  note  of  the  American  commissioners,  dated  the  21st  of  August,  1814  ; 
the  note  of  the  British  commissioners,  dated  the  4th  of  September,  1814 ; 
the  note  of  the  American  commissioners  of  the  9th  of  September,  1814  ; 
the  note  of  the  British  commissioners,  dated  the  19th  of  September,  1814; 
the  note  of  the  American  commissioners,  dated'  the  26th  of  September, 
1814;  the  note  of  the  British  commissioners,  dated  the  8th  of  October, 
1814;  and  the  note  of  the  American  commissioners  of  the  13th  of  Oc 
tober,  1814. 


CAUSES,  ETC.  OF   THE    WAR.  301 

the  American  government.*  Thus  it  is  obvious  that  Great  Brit 
ain,  neither  regarding  "the  principles  of  a  perfect  reciprocity"  nor 
the  rule  of  her  own  practice  and  professions,  has  indulged  pre 
tensions,  which  could  only  be  heard  in  order  to  be  rejected.  The 
alternative,  either  vindictively  to  protract  the  war  or  honorably 
to  end  it,  has  been  fairly  given  to  her  option;  but  she  wants  the 
magnanimity  to  decide,  while  her  apprehensions  are  awakened 
for  the  result  of  the  congress  at  Vienna,  and  her  hopes  are  flat 
tered  by  the  schemes  of  conquest  in  America. 

There  are  periods  in  the  transactions  of  every  country,  as  well 
as  in  the  life  of  every  individual,  when  self-examination  becomes 
a  duty  of  the  highest  moral  obligation;  when  the  government  of 
a  free  people,  driven  from  the  path  of  peace,  and  baffled  in  every 
effort  to  regain  it,  may  resort  for  consolation  to  the  conscious 
rectitude  of  its  measures;  and  when  an  appeal  to  mankind, 
founded  upon  truth  and  justice,  cannot  fail  to  engage  those  sym 
pathies,  by  which  even  nations  are  led  to  participate  in  the  fame 
and  fortunes  of  each  other.  The  United  States,  under  these  im 
pressions,  are  neither  insensible  to  the  advantages  nor  to  the 
duties  of  their  peculiar  situation.  They  have  but  recently,  as  it 
were,  established  their  independence,  and  the  volume  of  their 
national  history  lies  open  at  a  glance  to  every  eye.  The  policy 
of  their  government,  therefore,  whatever  it  has  been,  in  their  for 
eign  as  well  as  in  their  domestic  relations,  it  is  impossible  to  con 
ceal,  and  it  must  be  difficult  to  mistake.  If  the  assertion  that 
it  has  been  a  policy  to  preserve  peace  and  amity  with  all  the  na 
tions  of  the  world  be  doubted,  the  proofs  are  at  hand.  If  the 
assertion  that  it  has  been  a  policy  to  maintain  the  rights  of  the 
United  States,  but  at  the  same  time  to  respect  the  rights  of  every 
other  nation,  be  doubted,  the  proofs  will  be  exhibited.  If  the  as 
sertion  that  it  has  been  a  policy  to  act  impartially  towards  the 
belligerent  powers  of  Europe  be  doubted,  the  proofs  will  be  found 
on  record,  even  in  the  archives  of  England  and  of  France.  And 
if,  in  fine,  the  assertion  that  it  has  been  a  policy,  by  all  honorable 
means,  to  cultivate  with  Great  Britain  those  sentiments  of  mu 
tual  good  will  which  naturally  belong  to  nations  connected  by 
the  ties  of  a  common  ancestry,  an  identity  of  language,  and  a 
similarity  of  manners,  be  doubted,  the  proofs  will  be  found  in 
that  patient  forbearance,  under  the  pressure  of  accumulating 
wrongs,  which  marks  the  period  of  almost  thirty  years  that 
elapsed  between  the  peace  of  1783  and  the  rupture  of  1812. 

The  United  States  had  just  recovered,  under  the  auspices  of 


*  See  the  note  of  the  British  commissioners,  dated  the  21st  of  October, 
1814  ;  the  note  of  the  American  commissioners,  dated  the  24th  of  October, 
1814  ;  and  the  note  of  the  British  commissioners,  dated  the  31st  of  October, 
1814. 


302  APPENDICES. 

their  present  constitution,  from  the  debility  which  their  revolu 
tionary  struggle  had  produced,  when  the  convulsive  movements 
of  France  excited  throughout  the  civilized  world  the  mingled 
sensations  of  hope  and  fear — of  admiration  and  alarm.  The  in 
terest  which  those  movements  would  in  themselves  have  excited 
was  incalculably  increased,  however,  as  soon  as  Great  Britain 
became  a  party  to  the  first  memorable  coalition  against  France 
and  assumed  the  character  of  a  belligerent  power,  for  it  was 
obvious  that  the  distance  of  the  scene  would  no  longer  exempt 
the  United  States  from  the  influence  and  the  evils  of  the  Eu 
ropean  conflict.  On  the  one  hand,  their  government  was  con 
nected  with  France  by  treaties  of  alliance  and  commerce,  and 
the  services  which  that  nation  had  rendered  to  the  cause  of 
American  independence  had  made  such  impressions  upon  the 
public  mind  as  no  virtuous  statesman  could  rigidly  condemn  and 
the  most  rigorous  statesman  would  have  sought  in  vain  to  efface  ; 
on  the  other  hand,  Great  Britain,  leaving  the  treaty  of  1783  un 
executed,  forcibly  retained  the  American  posts  upon  the  northern 
frontier,  and,  slighting  every  overture  to  place  the  diplomatic 
and  commercial  relations  of  the  two  countries  upon  a  fair  and 
friendly  foundation,*  seemed  to  contemplate  the  success  of  the 
American  Revolution  in  a  spirit  of  unextinguishable  animosity. 
Her  voice  had  indeed  been  heard  from  Quebec  and  Montreal,  in 
stigating  the  savages  to  war.j*  Her  invisible  arm  was  felt  in 
the  defeats  of  General  HarmarJ  and  General  St.  Clair,§  and 
even  the  victory  of  General  Wayne ||  was  achieved  in  the  pres 
ence  of  a  fort  which  she  had  erected  far  within  the  territorial 
boundaries  of  the  United  States  to  stimulate  and  countenance 
the  barbarities  of  the  Indian  warrior. ^[  Yet  the  American  gov 
ernment,  neither  yielding  to  popular  feeling  nor  acting  upon  the 
impulse  of  national  resentment,  hastened  to  adopt  the  policy  of  a 
strict  and  steady  neutrality,  and  solemnly  announced  that  policy 
to  the  citizens  at  home  and  to  the  nations  abroad  by  the  procla 
mation  of  the  22d  of  April,  1793.  Whatever  may  have  been 
the  trials  of  its  pride  and  of  its  fortitude — whatever  may  have 
been  the  imputations  upon  its  fidelity  and  its  honor — it  will  be 
demonstrated  in  the  sequel  that  the  American  government, 
throughout  the  European  contest  and  amidst  all  the  changes  of 
the  objects  and  the  parties  that  have  been  involved  in  that  con- 

*  See  Mr.  Adams's  correspondence. 

f  See  the  speeches  of  Lord  Dorchester. 

J  On  the  waters  of  the  Miami  of  the  lakes,  on  the  21st  of  October,  1790. 

f  At  Fort  Kecovery,  on  the  4th  of  November,  1791. 

||  On  the  Miami  of  the  lakes,  in  August,  1794. 

^[  See  the  correspondence  between  Mr.  Randolph,  the  American  Secre 
tary  of  State,  and  Mr.  Hammond,  the  British  plenipotentiary,  dated  May 
and  June,  1794. 


CAUSES,  ETC.  OF   THE    WAR.  303 

test,  has  inflexibly  adhered  to  the  principles  which  were  thus 
authoritatively  established  to  regulate  the  conduct  of  the  United 
States. 

It  was  reasonable  to  expect  that  a  proclamation  of  neutrality, 
issued  under  the  circumstances  which  have  been  described,  would 
command  the  confidence  and  respect  of  Great  Britain,  however 
offensive  it  might  prove  to  France,  as  contravening  essentially 
the  exposition  which  she  was  anxious  to  bestow  upon  the  treaties 
of  commerce  and  alliance.  But  experience  has  shown  that  the 
confidence  and  respect  of  Great  Britain  are  not  to  be  acquired  by 
such  acts  of  impartiality  and  independence.  Under  every  ad 
ministration  of  the  American  government  the  experiment  has 
been  made,  and  the  experiment  has  been  equally  unsuccessful; 
for  it  was  not  more  effectually  ascertained  in  the  year  1812  than 
at  antecedent  periods,  that  an  exemption  from  the  maritime  usur 
pation  and  the  commercial  monopoly  of  Great  Britain  could  only 
be  obtained  upon  the  condition  of  becoming  an  associate  in  her 
enmities  and  her  wars.  While  the  proclamation  of  neutrality 
was  still  in  the  view  of  the  British  minister,  an  order  of  the  8th 
of  June,  1793,  issued  from  the  cabinet,  by  virtue  of  which  "all 
vessels  loaded  wholly  or  in  part  with  corn,  flour,  or  meal,  bound 
to  any  port  in  France,  or.  any  port  occupied  by  the  armies  of 
France,"  were  required  to  be  carried  forcibly  into  England,  and 
the  cargoes  were  either  to  be  sold  there  or  security  was  to  be 
given  that  they  should  only  be  sold  in  the  ports  of  a  country  in 
amity  with  his  Britannic  Majesty.*  The  moral  character  of  an 
avowed  design  to  inflict  famine  upon  the  whole  of  the  French 
people  was  at  that  time  properly  estimated  throughout  the  civ 
ilized  world,  and  so  glaring  an  infraction  of  neutral  rights  as  the 
British  order  was  calculated  to  produce  did  not  escape  the  severi 
ties  of  diplomatic  animadversion  and  remonstrance.  But  this 
aggression  was  soon  followed  by  another  of  a  more  hostile  cast. 
In  the  war  of  1756,  Great  Britain  had  endeavored  to  establish 
the  rule  that  neutral  nations  were  not  entitled  to  enjoy  the  benefits 
of  a  trade  with  the  colonies  of  a  belligerent  power,  from  which, 
in  the  season  of  peace,  they  were  excluded  by  the  parent  state. 
The  rule  stands  without  positive  support  from  any  general  au 
thority  on  public  law.  If  it  be  true  that  some  treaties  contain 
stipulations  by  which  the  parties  expressly  exclude  each  other 
from  the  commerce  of  their  respective  colonies,  and  if  it  be  true 
that  the  ordinances  of  a  particular  state  often  provide  for  the 
exclusive  enjoyment  of  its  colonial  commerce,  still  Great  Britain 
cannot  be  authorized  to  deduce  the  rule  of  the  war  of  1756  by 
implication  from  such  treaties  and  such  ordinances,  while  it  is 

*  See  the  order  in  council  of  the  8th  of  June,  1793,  and  the  remon 
strance  of  the  American  government. 


304  APPENDICES. 

not  true  that  the  rule  forms  a  part  of  the  law  of  nations,  nor  that 
it  has  been  adopted  by  any  other  government,  nor  that  even 
Great  Britain  herself  has  uniformly  practised  upon  the  rule,  since 
its  application  was  unknown  from  the  war  of  IT 56  until  the 
French  war  of  1792,  including  the  entire  period  of  the  Ameri 
can  war.  Let  it  be  argumentatively  allowed,  however,  that 
Great  Britain  possessed  the  right  as  well  as  the  power  to  revive 
and  enforce  the  rule  ;  yet  the  time  and  the  manner  of  exercising 
the  power  would  afford  ample  cause  for  reproach.  The  citizens  of 
the  United  States  had  openly  engaged  in  an  extensive  trade  with 
the  French  islands  in  the  West  Indies,  ignorant  of  the  alleged 
existence  of  the  rule  of  the  war  of  1756,  or  unapprised  of  any 
intention  to  call  it  into  action,  when  the  order  of  the  6th  of  No 
vember,  1793,  was  silently  circulated  among  the  British  cruisers, 
consigning  to  legal  adjudication  "  all  vessels  loaden  with  goods, 
the  produce  of  any  colony  of  France,  or  carrying  provisions  or 
supplies  for  the  use  of  any  such  colony."*  A  great  portion  of 
the  commerce  of  the  United  States  was  thus  annihilated  at  a 
blow,  the  amicable  dispositions  of  the  government  were  again 
disregarded  and  contemned,  the  sensibility  of  the  nation  was  ex 
cited  to  a  high  degree  of  resentment  by  the  apparent  treachery 
of  the  British  order,  and  a  recourse  to  reprisals  or  to  war  for  indem 
nity  and  redress  seemed  to  be  unavoidable.  But  the  love  of  jus 
tice  had  established  the  law  of  neutrality,  and  the  love  of  peace 
taught  a  lesson  of  forbearance.  The  American  government, 
therefore,  rising  superior  to  the  provocations  and  the  passions  of 
the  day,  instituted  a  special  mission  to  represent  at  the  court  of 
London  the  injuries  and  the  indignities  which  it  had  suffered,  "  to 
vindicate  its  rights  with  firmness  and  to  cultivate  peace  with 
sincerity,  "f  The  immediate  result  of  this  mission  was  a  treaty 
of  amity,  commerce,  and  navigation  between  the  United  States 
and  Great  Britain,  which  was  signed  by  the  negotiators  on  the 
19th  of  November,  1794,  and  finally  ratified,  with  the  consent  of 
the  Senate,  in  the  year  1795.  But  both  the  mission  and  its  re 
sult  serve  also  to  display  the  independence  and  the  impartiality 
of  the  American  government  in  asserting  its  rights  and  perform 
ing  its  duties,  equally  unawed  and  unbiased  by  the  instruments 
of  belligerent  power  or  persuasion. 

On  the  foundation  of  this  treaty  the  United  States,  in  a  pure 
spirit  of  good  faith  and  confidence,  raised  the  hope  and  the  ex 
pectation  that  the  maritime  usurpations  of  Great  Britain  would 
cease  to  annoy  them;  that  all  doubtful  claims  of  jurisdiction 
would  be  suspended ;  and  that  even  the  exercise  of  an  incontest- 

*  See  the  British  order  of  the  6th  of  November,  1793. 
f  See  the  President's  message  to  the  Senate  of  the  16th  of  April,  1794, 
nominating  Mr.  Jay  as  envoy  extraordinary  to  his  Britannic  Majesty. 


CAUSES,  ETC.  OF   THE    WAR.  305 

able  right  would  be  so  modified  as  to  present  neither  insult,  nor 
outrage,  nor  inconvenience  to  their  flag,  or  to  their  commerce. 
But  the  hope  and  the  expectation  of  the  United  States  have  been 
fatally  disappointed.  Some  relaxation  in  the  rigor,  without  any 
alteration  in  the  principle,  of  the  order  in  council  of  the  6th  of 
November,  1793,  was  introduced  by  the  subsequent  orders  of  the 
8th  of  January,  1794,  and  the  25th  of  January,  1798;  but  from 
the  ratification  of  the  treaty  of  1794  until  the  short  respite 
afforded  by  the  treaty  of  Amiens,  in  1802,  the  commerce  of  the 
United  States  continued  to  be  the  prey  of  British  cruisers  and 
privateers,  under  the  adjudicating  patronage  of  the  British  tribu 
nals.  Another  grievance,  however,  assumed,  at  this  epoch,  a 
form  and  magnitude  which  cast  a  shade  over  the  social  happiness 
as  well  as  the  political  independence  of  the  nation.  The  mer 
chant  vessels  of  the  United  States  were  arrested  on  the  high 
seas  while  in  the  prosecution  of  distant  voyages ;  considerable 
numbers  of  their  crews  were  impressed  into  the  naval  service  of 
Great  Britain ;  the  commercial  adventures  of  the  owners  were 
often,  consequently,  defeated ;  and  the  loss  of  property,  the  em 
barrassments  of  trade  and  navigation,  and  the  scene  of  domestic 
affliction  became  intolerable.  This  grievance  (which  constitutes 
an  important  surviving  cause  of  the  American  declaration  of  war) 
was  early,  and  has  been  incessantly,  urged  upon  the  attention  of 
the  British  government.  Even  in  the  year  1792  they  were  told 
of  "  the  irritation  that  it  had  excited,  and  of  the  difficulty  of 
avoiding  to  make  immediate  reprisals  on  their  seamen  in  the 
United  States."*  They  were  told  "that  so  many  instances  of 
the  kind  had  happened  that  it  was  quite  necessary  that  they 
should  explain  themselves  on  the  subject,  and  be  led  to  disavow 
and  punish  such  violence,  which  had  never  been  experienced 
from  any  other  nation. "f  And  they  were  told  "  of  the  incon 
venience  of  such  conduct,  and  of  the  impossibility  of  letting  it 
go  on,  so  that  the  British  ministry  should  be  made  sensible  of 
the  necessity  of  punishing  the  past  and  preventing  the  future."! 
But  after  the  treaty  of  amity,  commerce,  and  navigation  had 
been  ratified,  the  nature  and  the  extent  of  the  grievance  became 
still  more  manifest ;  and  it  was  clearly  and  firmly  presented  to 
the  view  of  the  British  government,  as  leading  unavoidably  to 
discord  and  war  between  the  two  nations.  They  were  told 
"that  unless  they  would  come  to  some  accommodation  which 


*  See  the  letter  of  Mr.  Jefferson,  Secretary  of  State,  to  Mr.  Pinckney, 
minister  at  London,  dated  the  llth  of  June,  1792. 

f  See  the  letter  from  the  same  to  the  same,  dated  the  12th  of  October, 
1792. 

%  See  the  letter  from  the  same  to  the  same,  dated  the  6th  of  November, 
1792. 


306  APPENDICES. 

might  insure  the  American  seamen  against  this  oppression, 
measures  would  be  taken  to  cause  the  inconvenience  to  be  equally 
felt  on  both  sides."*  They  were  told  "that  the  impressment  of 
American  citizens,  to  serve  on  board  of  British  armed  vessels, 
was  not  only  an  injury  to  the  unfortunate  individuals,  but  it 
naturally  excited  certain  emotions  in  the  breasts  of  the  nation  to 
whom  they  belonged,  and  of  the  just  and  humane  of  every  coun 
try  ;  and  that  an  expectation  was  indulged  that  orders  would  be 
given,  that  the  Americans  so  circumstanced  should  be  immedi 
ately  liberated,  and  that  the  British  officers  should  in  future 
abstain  from  similar  violences,  "f  They  were  told  "that  the  sub 
ject  was  of  much  greater  importance  than  had  been  supposed ; 
and  that  instead  of  a  few,  and  those  in  many  instances  equivocal 
cases,  the  American  minister  at  the  court  of  London  had,  in  nine 
months  (part  of  the  years  1796  and  1797),  made  applications  for 
the  discharge  of  two  hundred  and  seventy-one  seamen,  who  had, 
in  most  cases,  exhibited  such  evidence  as  to  satisfy  him  that  they 
were  real  Americans,  forced  into  the  British  service,  and  perse 
vering  generally  in  refusing  pay  and  bounty.  "J  They  were  told 
"  that  if  the  British  government  had  any  regard  to  the  rights  of 
the  United  States,  any  respect  for  the  nation,  and  placed  any 
value  on  their  friendship,  it  would  facilitate  the  means  of  reliev 
ing  their  oppressed  citizens."§  They  were  told  "  that  the  British 
naval  officers  often  impressed  Swedes,  Danes,  and  other  foreigners 
from  the  vessels  of  the  United  States ;  that  they  might  with  as 
much  reason  rob  American  vessels  of  the  property  or  merchan 
dise  of  Swedes,  Danes,  and  Portuguese  as  seize  and  detain  in 
their  service  the  subjects  of  those  nations  found  on  board  of 
Americal  vessels;  and  that  the  President  was  extremely  anxious 
to  have  this  business  of  impressing  placed  on  a  reasonable  foot- 
ing."||  And  they  were  told  "that  the  impressment  of  American 
seamen  was  an  injury  of  very  serious  magnitude,  which  deeply 
aifected  the  feelings  and  honor  of  the  nation  ;  that  no  right  had 
been  asserted  to  impress  the  natives  of  America,  yet,  that  they 
were  impressed ;  they  were  dragged  on  board  British  ships  of 
war,  with  the  evidence  of  citizenship  in  their  hands,  and  forced 
by  violence  there  to  serve  until  conclusive  testimonials  of  their 


*See  the  letter  from  Mr.  Pinckney,  minister  at  London,  to  the  Secretary 
of  State,  dated  the  13th  of  March,  1793. 

f  See  the  note  of  Mr.  Jay,  envoy  extraordinary,  to  Lord  Grenville, 
dated  the  30th  of  July,  1794. 

J  See  the  letter  of  Mr.  King,  minister  at  London,  to  the  Secretary  of 
State,  dated  the  13th  of  April,  1797 

g  See  the  letter  from  Mr.  Pickering,  Secretary  of  State,  to  Mr.  King, 
minister  at  London,  dated  the  10th  of  September.  1796. 

II  See  the  letter  from  the  same  to  the  same,  dated  the  26tli  of  October, 
1796. 


CAUSES,  ETC.  OF   THE    WAR.  307 

birth  could  be  obtained;  that  many  must  perish  unrelieved,  and 
all  were  detained  a  considerable  time  in  lawless  and  injurious 
confinement;  that  the  continuance  of  the  practice  must  inevitably 
produce  discord  between  two  nations  which  ought  to  be  the 
friends  of  each  other;  and  that  it  was  more  advisable  to  desist 
from,  and  to  take  effectual  measures  to  prevent,  an  acknowledged 
wrong  than  by  perseverance  in  that  wrong,  to  excite  against 
themselves  the  well-founded  resentments  of  America,  and  force 
the  government  into  measures  which  may  very  possibly  termi 
nate  in  an  open  rupture."* 

Such  were  the  feelings  and  the  sentiments  of  the  American 
government,  under  every  change  of  its  administration,  in  relation 
to  the  British  practice  of  impressment;  and  such  the  remon 
strances  addressed  to  the  justice  of  Great  Britain.  It  is  obvious, 
therefore,  that  this  cause,  independent  of  every  other,  has  been 
uniformly  deemed  a  just  and  certain  cause  of  war;  yet,  the  char 
acteristic  policy  of  the  United  States  still  prevailed  :  remonstrance 
was  only  succeeded  by  negotiation  ;  and  every  assertion  of  Ameri 
can  rights  was  accompanied  with  an  overture  to  secure,  in  any 
practicable  form,  the  rights  of  Great  Britain. f  Time  seemed,  how 
ever,  to  render  it  more  and  more  difficult  to  ascertain  and  fix  the 
standard  of  the  British  rights  according  to  the  succession  of  the 
British  claims.  The  right  of  entering  and  searching  an  American 
merchant  ship  for  the  purpose  of  impressment  was,  for  awhile, 
confined  to  the  case  of  British  deserters ;  and  even  so  late  as  the 
month  of  February,  1800,  the  minister  of  his  Britannic  Majesty, 
then  at  Philadelphia,  urged  the  American  government  "to  take 
into  consideration,  as  the  only  means  of  drying  up  every  source 
of  complaint  and  irritation  upon  that  head,  a  proposal  which  he 
had  made  two  years  before  in  the  name  of  his  Majesty's  govern 
ment,  for  the  reciprocal  restitution  of  deserters. "J  But  this 
project  of  a  treaty  was  then  deemed  inadmissible  by  the  Presi 
dent  of  the  United  States,  and  the  chief  officers  of  the  executive 
departments  of  the  government,  whom  he  consulted,  for  the  same 
reason  specifically  which,  at  a  subsequent  period,  induced  the 
President  of  the  United  States  to  withhold  his  approbation  from 
the  treaty  negotiated  by  the  American  ministers  at  London,  in 
the  yea/  1806,  namely,  "that  it  did  not  sufficiently  provide 


*  See  the  letter  from  Mr.  Marshall,  Secretary  of  State  (now  Chief 
Justice  of  the  United  States),  to  Mr.  King,  minister  at  London,  dated  the 
20th  of  September,  1800. 

f  See  particularly  Mr.  King's  propositions  to  Lord  Grenville  and  Lord 
Hawkesbury  of  the  13th  of  April,  1797,  the  15th  of  March,  1799,  the  25th 
of  February,  1801,  and  in  July,  1813. 

J  See  Mr.  Liston's  note  to  Mr.  Pickering,  the  Secretary  of  State,  dated 
the  4th  of  February,  1800. 


308  APPENDICES. 

against  the  impressment  of  American  seamen  ;"*  and  "that  it  is 
better  to  have  no  article,  and  to  meet  the  consequences,  than  not 
to  enumerate  merchant  vessels  on  the  high  seas  among  the  things 
not  to  be  forcibly  entered  in  search  of  deserters. "f  But  the 
British  claim,  expanding  with  singular  elasticity,  was  soon  found 
to  include  a  right  to  enter  American  vessels  on  the  high  seas,  in 
order  to  search  for  and  seize  all  British  seamen  ;  it  next  embraced 
the  case  of  every  British  subject;  and  finally,  in  its  practical 
enforcement,  it  has  been  extended  to  every  mariner  who  could 
not  prove  upon  the  spot  that  he  was  a  citizen  of  the  United 
States. 

While  the  nature  of  the  British  claim  was  thus  ambiguous  and 
fluctuating,  the  principle  to  which  it  was  referred  for  justification 
and  support  appeared  to  be  at  once  arbitrary  and  illusory.  It 
was  not  recorded  in  any  positive  code  of  the  law  of  nations;  it 
was  not  displayed  in  the  elementary  works  of  the  civilian  ;  nor 
had  it  ever  been  exemplified  in  the  maritime  usages  of  any  other 
country  in  any  other  age.  In  truth,  it  was  the  offspring  of  the 
municipal  law  of  Great  Britain  alone ;  equally  operative  in  a 
time  of  peace  and  in  a  time  of  war;  and,  under  all  circumstances, 
inflicting  a  coercive  jurisdiction  upon  the  commerce  and  naviga 
tion  of  the  world. 

For  the  legitimate  rights  of  the  belligerent  powers,  the  United 
States  had  felt  and  evinced  a  sincere  and  open  respect.  Although 
they  had  marked  a  diversity  of  doctrine  among  the  most  cele 
brated  jurists  upon  many  of  the  litigated  points  of  the  law  of 
war ;  although  they  had  formerly  espoused,  with  the  example  of 
the  most  powerful  government  of  Europe,  the  principles  of  the 
armed  neutrality,  which  were  established,  in  the  year  1780,  upon 
the  basis  of  the  memorable  declaration  of  the  empress  of  all  the 
Russias;  and  although  the  principles  of  that  declaration  have 
been  incorporated  into  all  their  public  treaties,  except  in  the  in 
stance  of  the  treaty  of  1794,  yet,  the  United  States,  still  faithful 
to  the  pacific  and  impartial  policy  which  they  professed,  did  not 
hesitate,  even  at  the  commencement  of  the  French  revolutionary 
war,  to  accept  and  allow  the  exposition  of  the  law  of  nations  as 
it  was  then  maintained  by  Great  Britain ;  and,  consequently,  to 
admit,  upon  a  much-contested  point,  that  the  property  of  her 
enemy  in  their  vessels  might  be  lawfully  captured  as  prize  of 


*  See  the  opinion  of  Mr.  Pickering,  Secretary  of  State,  inclosing  the 
plan  of  a  treaty,  dated  the  3d  of  May,  1800,  and  the  opinion  of  Mr. 
Wolcott,  Secretary  of  the  Treasury,  dated  the  14th  of  April,  1800. 

f  See  the  opinion  of  Mr.  Stoddert,  Secretary  of  the  Navy,  dated  the 
23d  of  April,  1800,  and  the  opinions  of  Mr.  Lee,  Attorney-General,  dated 
the  26th  of  February,  and  the  30th  of  April,  1800. 


CAUSES,  ETC.  OF  THE   WAE.  309 

war.*  It  was,  also,  freely  admitted  that  a  belligerent  power  had 
a  right,  with  proper  cautions,  to  enter  and  search  American 
vessels  for  the  goods  of  an  enemy,  and  for  articles  contraband 
of  war ;  that  if,  upon  a  search,  such  goods  or  articles  were 
found,  or  if,  in  the  course  of  the  search,  persons  in  the  military 
service  of  the  enemy  were  discovered,  a  belligerent  had  a  right 
of  transhipment  and  removal ;  that  a  belligerent  had  a  right,  in 
doubtful  cases,  to  carry  American  vessels  to  a  convenient  station 
for  further  examination ;  and  that  a  belligerent  had  a  right  to 
exclude  American  vessels  from  ports  and  places  under  the  block 
ade  of  an  adequate  naval  force.  These  rights  the  law  of  nations 
might  reasonably  be  deemed  to  sanction ;  nor  has  a  fair  exercise 
of  the  powers  necessary  for  the  enjoyment  of  these  rights  been, 
at  any  time,  controverted  or  opposed  by  the  American  govern 
ment. 

But  it  must  be  again  remarked  that  the  claim  of  Great  Britain 
was  not  to  be  satisfied  by  the  most  ample  and  explicit  recognition 
of  the  law  of  war,  for  the  law  of  war  treats  only  of  the  relations 
of  a  belligerent  to  his  enemy,  while  the  claim  of  Great  Britain 
embraced  also  the  relations  between  a  sovereign  and  his  subjects. 
It  was  said  that  every  British  subject  was  bound  by  a  tie  of  alle 
giance  to  his  sovereign,  which  no  lapse  of  time,  no  change  of 
place,  no  exigency  of  life  could  possibly  weaken  or  dissolve.  It 
was  said  that  the  British  sovereign  was  entitled  at  all  periods 
and  on  all  occasions  to  the  services  of  his  subjects.  And  it  was 
said  that  the  British  vessels  of  war  upon  the  high  seas  might 
lawfully  and  forcibly  enter  the  merchant  vessels  of  every  other 
nation  (for  the  theory  of  these  pretensions  is  not  limited  to  the 
case  of  the  United  States,  although  that  case  has  been  almost 
exclusively  affected  by  their  practical  operation)  for  the  purpose 
of  discovering  and  impressing  British  subjects,  f  The  United 
States  presume  not  to  discuss  the  forms  or  the  principles  of  the 
governments  established  in  other  countries.  Enjoying  the  right 
and  the  blessing  of  self-government,  they  leave  implicitly  to  every 
foreign  nation  the  choice  of  its  social  and  political  institutions. 
But,  whatever  may  be  the  form  or  the  principle  of  government, 
it  is  a  universal  axiom  of  public  law  among  sovereign  and  inde 
pendent  states  that  every  nation  is  bound  so  to  use  and  enjoy  its 
own  rights  as  not  to  injure  or  destroy  the  rights  of  any  other 
nation.  Say,  then,  that  the  tie  of  allegiance  cannot  be  severed 
or  relaxed  as  respects  the  sovereign  and  the  subject,  and  say  that 


*  See  the  correspondence  of  the  year  1792  between  Mr.  Jefferson,  Sec 
retary  of  State,  and  the  ministers  of  Great  Britain  and  Prance.  See, 
also,  Mr.  Jefferson's  letter  to  the  American  minister  at  Paris,  of  the  same 
year,  requesting  the  recall  of  Mr.  Genet. 

fSee  the  British  declaration  of  the  10th  of  January,  1813. 


310  APPENDICES. 

the  sovereign  is  at  all  times  entitled  to  the  services  of  the  subject, 
still  there  is  nothing  gained  in  support  of  the  British  claim,  unless 
it  can  also  be  said  that  the  British  sovereign  has  a  right  to  seek 
and  seize  his  subject  while  actually  within  the  dominion  or  under 
the  special  protection  of  another  sovereign  state.  This  will  not, 
surely,  be  denominated  a  process  of  the  law  of  nations  for  the 
purpose  of  enforcing  the  rights  of  war;  and  if  it  shall  be  tol 
erated  as  a  process  of  the  municipal  law  of  Great  Britain  for  the 
purpose  of  enforcing  the  right  of  the  sovereign  to  the  service  of 
his  subjects,  there  is  no  principle  of  discrimination  which  can 
prevent  its  being  employed,  in  peace  or  in  war,  with  all  the 
attendant  abuses  of  force  and  fraud,  to  justify  the  seizure  of 
British  subjects  for  crimes  or  for  debts,  and  the  seizure  of  British 
property  for  any  cause  that  shall  be  arbitrarily  assigned.  The 
introduction  of  these  degrading  novelties  into  the  maritime  code 
of  nations  it  has  been  the  arduous  task  of  the  American  govern 
ment,  in  the  onset,  to  oppose  ;  and  it  rests  with  all  other  govern 
ments  to  decide  how  far  their  honor  and  their  interests  must  be 
eventually  implicated  by  a  tacit  acquiescence  in  the  successive 
usurpations  of  the  British  flag.  If  the  right  claimed  by  Great 
Britain  be  indeed  common  to  all  governments,  the  ocean  will 
exhibit,  in  addition  to  its  many  other  perils,  a  scene  of  everlast 
ing  strife  and  contention.  But  what  other  government  has  ever 
claimed  or  exercised  the  right?  If  the  right  shall  be  exclusively 
established  as  a  trophy  of  the  naval  superiority  of  Great  Britain, 
the  ocean,  which  has  been  sometimes  emphatically  denominated 
"the  highway  of  nations,"  will  be  identified,  in  occupancy  arid 
use,  with  the  dominions  of  the  British  crown,  and  every  other 
nation  must  enjoy  the  liberty  of  passage  upon  the  payment  of  a 
tribute  or  the  indulgence  of  a  license.  But  what  nation  is  pre 
pared  for  this  sacrifice  of  its  honor  and  its  interests?  And  if, 
after  all,  the  right  be  now  asserted  (as  experience  too  plainly  in 
dicates)  for  the  purpose  of  imposing  upon  the  United  States,  to 
accommodate  the  British  maritime  policy,  a  new  and  odious 
limitation  of  the  sovereignty  and  independence  which  were 
acquired  by  the  glorious  Revolution  of  1776,  it  is  not  for  the 
American  government  to  calculate  the  duration  of  a  war  that 
shall  be  waged  in  resistance  of  the  active  attempts  of  Great 
Britain  to  accomplish  her  project ;  for  where  is  the  American 
citizen  who  would  tolerate  a  day's  submission  to  the  vassalage 
of  such  a  condition  ? 

But  the  American  government  has  seen  with  some  surprise  the 
gloss  which  the  prince  regent  of  Great  Britain,  in  his  declaration 
of  the  10th  of  January,  1813,  has  condescended  to  bestow  upon 
the  British  claim  of  a  right  to  impress  men  on  board  of  the 
merchant  vessels  of  other  nations,  and  the  retort  which  he  has 
ventured  to  make  upon  the  conduct  of  the  United  States  relative 


CAUSES,  ETC.   OF  THE   WAR.  311 

to  the  controverted  doctrines  of  expatriation.  The  American 
government,  like  every  other  civilized  government,  avows  the 
principle  and  indulges  the  practice  of  naturalizing  foreigners.  In 
Great  Britain,  and  throughout  the  continent  of  Europe,  the  laws 
and  regulations  upon  the  subject  are  not  materially  dissimilar, 
when  compared  with  the  laws  and  regulations  of  the  United 
States.  The  effect,  however,  of  such  naturalization  upon  the 
connection  which  previously  subsisted  between  the  naturalized 
person  and  the  government  of  the  country  of  his  birth  has  been 
differently  considered  at  different  times  and  in  different  places. 
Still,  there  are  many  respects  in  which  a  diversity  of  opinion 
does  not  exist,  and  cannot  arise.  It  is  agreed  on  all  hands  that 
an  act  of  naturalization  is  not  a  violation  of  the  law  of  nations, 
and  that,  in  particular,  it  is  not,  in  itself,  an  offence  against  the 
government  whose  subject  is  naturalized.  It  is  agreed  that  an 
act  of  naturalization  creates  between  the  parties  the  reciprocal 
obligations  of  allegiance  and  protection.  It  is  agreed  that  while 
a  naturalized  citizen  continues  within  the  territory  and  jurisdic 
tion  of  his  adoptive  government  he  cannot  be  pursued  or  seized 
or  restrained  by  his  former  sovereign.  It  is  agreed  that  a  natu 
ralized  citizen,  whatever  may  be  thought  of  the  claims  of  the 
sovereign  of  his  native  country,  cannot  lawfully  be  withdrawn 
from  the  obligations  of  his  contract  of  naturalization  by  the  force 
or  the  seduction  of  a  third  power.  And  it  is  agreed  that  no 
sovereign  can  lawfully  interfere  to  take  from  the  service  or  the 
employment  of  another  sovereign  persons  who  are  not  the  sub 
jects  of  either  of  the  sovereigns  engaged  in  the  transaction. 
Beyond  the  principles  of  these  accorded  propositions,  what  have 
the  United  States  done  to  justify  the  imputation  of  "harboring 
British  seamen,  and  of  exercising  an  assumed  right  to  transfer 
the  allegiance  of  British  subjects  ?"*  The  United  States  have, 
indeed,  insisted  upon  the  right  of  navigating  the  ocean  in  peace 
and  safety,  protecting  all  that  is  covered  by  their  flag,  as  on  a 
place  of  equal  and  common  jurisdiction  to  all  nations,  save  where 
the  law  of  war  interposes  the  exceptions  of  visitation,  search, 
and  capture  ;  but  in  doing  this  they  have  done  no  wrong.  The 
United  States,  in  perfect  consistency  it  is  believed  with  the  prac 
tice  of  all  belligerent  nations,  not  even  excepting  Great  Britain 
herself,  have,  indeed,  announced  a  determination,  since  the  decla 
ration  of  hostilities,  to  afford  protection  as  well  to  the  naturalized 
as  to  the  native  citizen  who,  giving  the  strongest  proofs  of 
fidelity,  should  be  taken  in  arms  by  the  enemy ;  and  the  British 
Cabinet  well  know  that  this  determination  could  have  no  influence 
upon  those  councils  of  their  sovereign  which  preceded  and  pro 
duced  the  war.  It  was  not,  then,  to  "  harbor  British  seamen," 

*  See  the  British  declaration  of  the  10th  of  January,  1813. 


312  APPENDICES. 

nor  to  "transfer  the  allegiance  of  British  subjects,"  nor  to 
"cancel  the  jurisdiction  of  their  legitimate  sovereign,"  nor  to 
vindicate  "  the  pretension  that  acts  of  naturalization  and  certifi 
cates  of  citizenship  were  as  valid  out  of  their  own  territory  as 
within  it,"*  that  the  United  States  have  asserted  the  honor  and 
the  privilege  of  their  flag  by  the  force  of  reason  and  of  arms. 
But  it  was  to  resist  a  systematic  scheme  of  maritime  aggrandize 
ment  which,  prescribing  to  every  other  nation  the  limits  of  a  terri 
torial  boundary,  claimed  for  Great  Britain  the  exclusive  dominion 
of  the  seas,  and  which,  spurning  the  settled  principles  of  the  law  of 
war,  condemned  the  ships  and  mariners  of  the  United  States  to 
suffer  upon  the  high  seas,  and  virtually  within  the  jurisdiction  of 
their  flag,  the  most  rigorous  dispensations  of  the  British  munici 
pal  code,  inflicted  by  the  coarse  and  licentious  hand  of  a  British 
press-gang. 

The  injustice  of  the  British  claim  and  the  cruelty  of  the  British 
practice  have  tested,  for  a  series  of  years,  the  pride  and  the 
patience  of  the  American  government ;  but  still  every  experi 
ment  was  anxiously  made  to  avoid  the  last  resort  of  nations. 
The  claim  of  Great  Britain,  in  its  theory,  was  limited  to  the 
right  of  seeking  and  impressing  its  own  subjects  on  board  of  the 
merchant  vessels  of  the  United  States,  although,  in  fatal  ex 
perience,  it  has  been  extended  (as  already  appears)  to  the  seizure 
of  the  subjects  of  every  other  power  sailing  under  a  voluntary 
contract  with  the  American  merchant;  to  the  seizure  of  the 
naturalized  citizens  of  the  United  States,  sailing  also  under  vol 
untary  contracts,  which  every  foreigner,  independent  of  any  act 
of  naturalization,  is  at  liberty  to  form  in  every  country ;  and 
even  to  the  seizure  of  the  native  citizens  of  the  United  States, 
sailing  on  board  the  ships  of  their  own  nation,  in  the  prosecution 
of  a  lawful  commerce.  The  excuse  for  what  has  been  unfeelingly 
termed  "  partial  mistakes  and  occasional  abuse, "f  when  the 
right  of  impressment  was  practised  towards  vessels  of  the  United 
States  is,  in  the  words  of  the  prince  regent's  declaration,  "  a 
similarity  of  language  and  manners ;"  but  was  it  not  known, 
when  this  excuse  was  offered  to  the  world,  that  the  Russian,  the 
Swede,  the  Dane,  and  the  German  ;  that  the  Frenchman,  the 
Spaniard,  and  the  Portuguese ;  nay,  that  the  African  and  the 
Asiatic,  between  whom  and  the  people  of  Great  Britain  there 
exists  no  similarity  of  language,  manners,  or  complexion,  had 
been,  equally  with  the  American  citizen  and  the  British  subject, 
the  victims  of  the  impress  tyranny  ? J  If,  however,  the  excuse 


*  See  these  passages  in  the  British  declaration  of  the  10th  of  January, 
1813. 

f  See  the  British  declaration  of  the  10th  of  January,  1813. 
j  See  the  letter  of  Mr.  Pickering,  Secretary  of  State,  to   Mr.   King, 


CAUSES,  ETC.  OF   THE   WAE.  313 

be  sincere ;  if  the  real  object  of  the  impressment  be  merely  to 
secure  to  Great  Britain  the  naval  services  of  her  own  subjects, 
and  not  to  man  her  fleets,  in  every  practicable  mode  of  enlist 
ment,  by  right  or  by  wrong;  and  if  a  just  and  generous  govern 
ment,  professing  mutual  friendship  and  respect,  may  be  pre 
sumed  to  prefer  the  accomplishment  even  of  a  legitimate  purpose 
by  means  the  least  afflicting  and  injurious  to  others,  why  have 
the  overtures  of  the  United  States,  offering  other  means  as 
effectual  as  impressment  for  the  purpose  avowed,  to  the  consid 
eration  and  acceptance  of  Great  Britain,  been  forever  eluded  or 
rejected  ?  It  has  been  offered  that  the  number  of  men  to  be  pro 
tected  by  an  American  vessel  should  be  limited  by  her  tonnage  ; 
that  British  officers  should  be  permitted,  in  British  ports,  to  enter 
the  vessel,  in  order  to  ascertain  the  number  of  men  on  board  ; 
and  that,  in  case  of  an  addition  to  her  crew,  the  British  subjects 
enlisted  should  be  liable  to  impressment  *  It  was  offered,  in  the 
solemn  form  of  a  law,  that  American  seamen  should  be  regis 
tered  ;  that  they  should  be  provided  with  certificates  of  citizen 
ship;^  and  that  the  roll  of  the  crew  of  every  vessel  should  be 
formally  authenticated.  J  It  was  offered  that  no  refuge  or  pro 
tection  should  be  given  to  deserters ;  but  that,  on  the  contrary, 
they  should  be  surrendered. §  It  was  "  again  and  again  offered 
to  concur  in  a  convention,  which  it  was  thought  practicable  to  be 
formed,  and  which  should  settle  the  questions  of  impressment  in 
a  manner  that  would  be  safe  for  England  and  satisfactory  to  the 
United  States."||  It  was  offered  that  each  party  should  prohibit 
its  citizens  or  subjects  from  clandestinely  concealing  or  carrying 
away  from  the  territories  or  colonies  of  the  other  any  seaman 
belonging  to  the  other  party. ^f  And,  conclusively,  it  has  been 
offered  and  declared  by  law  that  "  after  the  termination  of  the 
present  war  it  should  not  be  lawful  to  employ  on  board  of  any  of 
the  public  or  private  vessels  of  the  United  States  any  persons 

minister  at  London,  of  the  26th  of  October,  1796,  and  the  letter  of  Mr. 
Marshall,  Secretary  of  State,  to  Mr.  King,  of  the  20th  of  September,  1800. 

*  See  the  letter  of  Mr  Jefferson,  Secretary  of  State,  to  Mr.  Pinckney, 
minister  at  London,  dated  the  llth  of  June,  1792,  and  the  letter  of  Mr. 
Pickering,  Secretary  of  State,  to  Mr.  King,  minister  at  London,  dated 
the  8th  of  June,  1796. 

f  See  the  act  of  Congress  passed  the  28th  of  May,  1796. 

j  See  the  letter  of  Mr.  Pickering,  Secretary  of  State,  to  Mr.  King, 
minister  at  London,  dated  the  8th  of  June,  1796 

\  See  the  project  of  a  treaty  on  the  subject,  between  Mr.  Pickering, 
Secretary  of  State,  and  Mr.  Li'ston,  the  British  minister,  at  Philadelphia, 
in  the  year  1800. 

||  See  the  letter  of  Mr.  King,  minister  at  London,  to  the  Secretary  of 
State,  dated  the  15th  of  March,  1799. 

^  See  the  letter  of  Mr.  King  to  the  Secretary  of  State,  dated  in  July, 

21 


314  APPENDICES. 

except  citizens  of  the  United  States,  and  that  no  foreigner  should 
be  admitted  to  become  a  citizen  hereafter  who  had  not  for  the 
continued  term  of  five  years  resided  within  the  United  States, 
without  being;  at  any  time  during  the  live  years  out  of  the  terri 
tory  of  the  United  States.'7* 

It  is  manifest,  then,  that  such  provision  might  be  made  by 
law,  and  that  such  provision  has  been  repeatedly  and  urgently 
proposed,  as  would,  in  all  future  times,  exclude  from  the  mari 
time  service  of  the  United  States,  both  in  public  and  in  private 
vessels,  every  person  who  could  possibly  be  claimed  by  Great 
Britain  as  a  native  subject,  whether  he  had  or  had  not  been 
naturalized  in  America. f  Enforced  by  the  same  sanctions  and 
securities  which  are  employed  to  enforce  the  penal  code  of  Great 
Britain,  as  well  as  the  penal  code  of  the  United  States,  the  pro 
vision  would  afford  the  strongest  evidence  that  no  British  subject 
could  be  found  in  service  on  board  of  an  American  vessel ;  and, 
consequently,  whatever  might  be  the  British  right  of  impressment 
in  the  abstract,  there  would  remain  no  justifiable  motive — there 
could  hardly  be  invented  a  plausible  pretext — to  exercise  it  at 
the  expense  of  the  American  right  of  lawful  commerce.  If,  too, 
as  it  has  sometimes  been  insinuated,  there  would,  nevertheless, 
be  room  for  frauds  and  evasions,  it  is  sufficient  to  observe  that 
the  American  government  would  always  be  ready  to  hear  and  to 
redress  every  just  complaint ;  or,  if  redress  were  sought  and 
refused  (a  preliminary  course  that  ought  never  to  have  been 
omitted,  but  which  Great  Britain  has  never  pursued),  it  would 
still  be  in  the  power  of  the  British  government  to  resort  to  its 
own  force  by  acts  equivalent  to  war  for  the  reparation  of  its 
wrongs.  But  Great  Britain  has,  unhappily,  perceived  in  the 
acceptance  of  the  overtures  of  the  American  government,  conse 
quences  injurious  to  her  maritime  policy,  and  therefore  withholds 
it  at  the  expense  of  her  justice.  She  perceives,  perhaps,  a  loss 
of  the  American  nursery  for  her  seamen  while  she  is  at  peace, 
a  loss  of  the  service  of  American  crews  while  she  is  at  war,  and 
a  loss  of  many  of  those  opportunities  which  have  enabled  her 
to  enrich  her  navy  by  the  spoils  of  the  American  commerce 
without  exposing  her  own  commerce  to  the  risk  of  retaliation  or 
reprisals. 

Thus  were  the  United  States,  in  a  season  of  reputed  peace, 
involved  in  the  evils  of  a  state  of  war  ;  and  thus  was  the  Amer 
ican  flag  annoyed  by  a  nation  still  professing  to  cherish  the  sen 
timents  of  mutual  friendship  and  respect  which  had  been  recently 


*  See  the  act  of  Congress  passed  on  the  3d  of  March,  1813. 

f  See  the  letter  of  instructions  from  Mr.  Monroe,  Secretary  of  State,  to 
the  plenipotentiaries  for  treating  of  peace  with  Great  Britain  under  the 
mediation  of  the  Emperor  Alexander,  dated  the  15th  of  April,  1813. 


CAUSES,  ETC.   OF   THE   WAE.  315 

vouched  by  the  faith  of  a  solemn  treaty.  But  the  American 
government  even  yet  abstained  from  vindicating  its  rights  and 
from  avenging  its  wrongs  by  an  appeal  to  arms.  It  was  nbt  an 
insensibility  to  those  wrongs,  nor  a  dread  of  British  power,  nor 
a  subserviency  to  British  interests  that  prevailed  at  that  period  in 
the  councils  of  the  United  States  ;  but  under  all  trials  the  Amer 
ican  government  abstained  from  the  appeal  to  arms  then,  as  it 
has  repeatedly  since  done  in  its  collisions  with  France  as  well  as 
with  Great  Britain,  from  the  purest  love  of  peace,  while  peace 
could  be  rendered  compatible  with  the  honor  and  independence 
of  the  nation. 

During  the  period  which  has  hitherto  been  more  particularly 
contemplated  (from  the  declaration  of  hostilities  between  Great 
Britain  and  France  in  the  year  1192  until  the  short-lived  pacifi 
cation  of  the  treaty  of  Amiens  in  1802),  there  were  not  wanting 
occasions  to  test  the  consistency  and  the  impartiality  of  the 
American  government  by  a  comparison  of  its  conduct  towards 
Great  Britain  with  its  conduct  towards  other  nations.  The 
manifestations  of  the  extreme  jealousy  of  the  French  government 
and  of  the  intemperate  zeal  of  its  ministers  near  the  United 
States,  were  coeval  with  the  proclamation  of  neutrality ;  but 
after  the  ratification  of  the  treaty  of  London,  the  scene  of  vio 
lence,  spoliation,  and  contumely  opened  by  France  upon  the 
United  States  became  such  as  to  admit,  perhaps,  of  no  parallel 
except  in  the  contemporaneous  scenes  which  were  exhibited  by 
the  injustice  of  her  great  competitor.  The  American  government 
acted  in  both  cases  on  the  same  pacific  policy,  in  the  same  spirit 
of  patience  and  forbearance,  but  with  the  same  determination, 
also,  to  assert  the  honor  and  independence  of  the  nation.  When, 
therefore,  every  conciliatory  effort  had  failed,  and  when  two  suc 
cessive  missions  of  peace  had  been  contemptuously  repulsed,  the 
American  government,  in  the  year  1798,  annulled  its  treaties  with 
France  and  waged  a  maritime  war  against  that  nation  for  the 
defence  of  its  citizens  and  of  its  commerce  passing  on  the  high 
seas.  But  as  soon  as  the  hope  was  conceived  of  a  satisfactory 
change  in  the  dispositions  of  the  French  government,  the  Amer 
ican  government  hastened  to  send  another  mission  to  France  ; 
and  a  convention,  signed  in  the  year  1800,  terminated  the  sub 
sisting  differences  between  the  two  countries. 

Nor  were  the  United  States  able,  during  the  same  period,  to 
avoid  a  collision  with  the  government  of  Spain  upon  many  im 
portant  and  critical  questions  of  boundary  and  commerce,  of  In 
dian  warfare,  and  maritime  spoliation.  Preserving,  however, 
their  system  of  moderation  in  the  assertion  of  their  rights,  a 
course  of  amicable  discussion  and  explanation  produced  mutual 
satisfaction,  and  a  treaty  of  friendship,  limits,  and  navigation  was 
formed  in  the  year  1795,  by  which  the  citizens  of  the  United 


316  APPENDICES. 

States  acquired  a  right  for  the  space  of  three  years  to  deposit 
their  merchandise  and  effects  in  the  port  of  New  Orleans,  with  a 
promise  either  that  the  enjoyment  of  that  right  should  be  indefi 
nitely  continued,  or  that  another  part  of  the  banks  of  the  Missis 
sippi  should  be  assigned  for  an  equivalent  establishment.  But 
when,  in  the  year  1802,  the  port  of  New  Orleans  was  abruptly 
closed  against  the  citizens  of  the  United  States  without  an  as 
signment  of  any  other  equivalent  place  of  deposit,  the  harmony 
of  the  two  countries  was  again  most  seriously  endangered;  until 
the  Spanish  government,  yielding  to  the  remonstrances  of  the 
United  States,  disavowed  the  act  of  the  intendant  of  New  Or 
leans,  and  ordered  the  right  of  deposit  to  be  reinstated  on  the 
terms  of  the  treaty  of  1795. 

The  effects  produced,  even  by  a  temporary  suspension  of  the 
right  of  deposit  at  New  Orleans,  upon  the  interests  and  feelings 
of  the  nation,  naturally  suggested  to  the  American  government 
the  expediency  of  guarding  against  their  recurrence  by  the  ac 
quisition  of  a  permanent  property  in  the  province  of  Louisiana. 
The  minister  of  the  United  States  at  Madrid  was  accordingly 
instructed  to  apply  to  the  government  of  Spain  upon  the  subject ; 
and,  on  the  4th  of  May,  1803,  he  received  an  answer,  stating, 
that  "  by  the  retrocession  made  to  France  of  Louisiana,  that 
power  regained  the  province,  with  the  limits  it  had,  saving  the 
rights  acquired  by  other  powers ;  and  that  the  United  States 
could  address  themselves  to  the  French  government  to  negotiate 
the  acquisition  of  territories,  which  might  suit  their  interest."* 
But  before  this  reference,  official  information  of  the  same  fact 
had  been  received  by  Mr.  Pinckuey  from  the  court  of  Spain  in  the 
month  of  March  preceding,  and  the  American  government,  hav 
ing  instituted  a  special  mission  to  negotiate  the  purchase  of 
Louisiana  from  France,  or  from  Spain,  whichever  should  be  its 
sovereign,  the  purchase  was  accordingly  accomplished  for  a 
a  valuable  consideration  (that  was  punctually  paid),  by  the  treaty 
concluded  at  Paris,  on  the  30th  of  April,  1803. 

The  American  government  has  not  seen,  without  some  sen 
sibility,  that  a  transaction,  accompanied  by  such  circumstances 
of  general  publicity  and  of  scrupulous  good  faith,  has  been 
denounced  by  the  prince  regent,  in  his  declaration  of  the  10th  of 
January,  1813,  as  a  proof  of  the  "ungenerous  conduct"  of  the 
United  States  towards  Spain.f  In  amplification  of  the  royal 
charge,  the  British  negotiators  at  Ghent  have  presumed  to  im 
pute  "the  acquisition  of  Louisiana,  by  the  United  States,  to  a 


*  See  the  letter  from  Don  Pedro  Cevallos  the  minister  of  Spain,  to  Mr. 
C.  Pinckney,  the  minister  of  the  United  States,  dated  the  4th  of  May, 
1803,  from  which  the  passage  cited  is  literally  translated. 

|  See  the  pringfi  regent's  declaration  of  the  10th  of  January,  1813. 


CAUSES,  ETC.   OF   THE    WAR.  317 

spirit  of  aggrandizement,  not  necessary  to  their  own  security;" 
and  to  maintain  "  that  the  purchase  was  made  against  the  known 
conditions  on  which  it  had  been  ceded  by  Spain  to  France;"* 
that  "in  the  face  of  the  protestation  of  the  minister  of  his  Catho 
lic  Majesty  at  Washington,  the  President  of  the  United  States 
ratified  the  treaty  of  purchase  :"f  and  that  "there  was  good 
reason  to  believe  that  many  circumstances  attending  the  trans 
action  were  industriously  concealed. "J  The  American  govern 
ment  cannot  condescend  to  retort  aspersions  so  unjust,  in  lan 
guage  so  opprobrious  ;  and  peremptorily  rejects  the  pretension  of 
Great  Britain  to  interfere  in  the  business  of  the  United  States 
and  Spain ;  but  it  owes,  nevertheless,  to  the  claims  of  truth,  a 
distinct  statement  of  the  facts  which  have  been  thus  misrepre 
sented.  When  the  special  mission  was  appointed  to  negotiate 
the  purchase  of  Louisiana  from  France,  in  the  manner  already 
mentioned,  the  American  minister  at  London  was  instructed  to 
explain  the  object  of  the  mission ;  and,  having  made  the  explana 
tion,  he  was  assured  by  the  British  government  "  that  the  com 
munication  was  received  in  good  part;  no  doubt  was  suggested 
of  the  right  of  the  United  States  to  pursue,  separately  and  alone, 
the  objects  they  aimed  at;  but  the  British  government  appeared 
to  be  satisfied  with  the  President's  views  on  this  important  sub 
ject.'^  As  soon,  too,  as  the  treaty  of  purchase  was  concluded, 
before  hostilities  were  again  actually  commenced  between  Great 
Britain  and  France,  and  previously,  indeed,  to  the  departure  of 
the  French  ambassador  from  London,  the  American  minister 
openly  notified  to  the  British  government  that  a  treaty  had  been 
signed  "  by  which  the  complete  sovereignty  of  the  town  and 
territory  of  New  Orleans,  as  well  as  of  all  Louisiana,  as  the 
same  was  heretofore  possessed  by  Spain,  had  been  acquired  by 
the  LTnited  States  of  America  ;  and  that  in  drawing  up  the  treaty 
care  had  been  taken  so  to  frame  the  same  as  not  to  infringe  any 
right  of  Great  Britain  in  the  navigation  of  the  river  Mississippi. "|| 
In  the  answer  of  the  British  government,  it  was  explicitly  de 
clared  by  Lord  Hawkesbury  "that  he  had  received  his  Majesty's 
commands  to  express  the  pleasure  with  which  his  Majesty  had 


*  See  the  note  of  the  British  commissioners,  dated  the  4th  of  September, 
1814. 

f  See  the  note  of  the  British  commissioners,  dated  the  19th  of  Septem 
ber,  1814. 

J  See  the  note  of  the  British  commissioners,  dated  the  8th  of  October, 
1814. 

\  See  the  letter  from  the  Secretary  of  State  to  Mr.  King,  the  American 
minister  at  London,  dated  the  29th  of  January,  1803.  and  Mr.  King's 
letter  to  the  Secretary  of  State,  dated  the  28th  of  April,  1803. 

||  See  the  letter  of  Mr.  King  to  Lord  Hawkesburv,  dated  the  15th  of 
May,  1803. 


318  APPENDICES. 

received  the  intelligence  ;  and  to  add,  that  his  Majesty  regarded 
the  care,  which  had  been  taken  so  to  frame  the  treaty  as  not  to 
infringe  any  right  of  Great  Britain  in  the  navigation  of  the  Mis 
sissippi,  as  the  most  satisfactory  evidence  of  a  disposition  on  the 
part  of  the  government  of  the  United  States,  correspondent  with 
that  which  his  Majesty  entertained,  to  promote  and  improve  that 
harmony  which  so  happily  subsisted  between  the  two  countries, 
and  which  was  so  conducive  to  their  mutual  benefit."*  The 
world  will  judge  whether,  under  such  circumstances,  the  British 
government  had  any  cause,  on  its  own  account,  to  arraign  the 
conduct  of  the  United  States  in  making  the  purchase  of  Louisi 
ana;  and,  certainly,  no  greater  cause  will  be  found  for  the  ar 
raignment  on  account  of  Spain.  The  Spanish  government  was 
apprised  of  the  intention  of  the  United  States  to  negotiate  for 
the  purchase  of  that  province  ;  its  ambassador  witnessed  the 
progress  of  the  negotiation  at  Paris  ;  and  the  conclusion  of  the 
treaty,  on  the  30th  of  April,  1803,  was  promptly  known  and 
understood  at  Madrid.  Yet  the  Spanish  government  interposed 
no  objection,  no  protestation,  against  the  transaction,  in  Europe; 
and  it  was  not  until  the  month  of  September,  1803,  that  the 
American  government  heard,  with  surprise,  from  the  minister  of 
Spain  at  Washington,  that  his  Catholic  Majesty  was  dissatisfied 
with  the  cession  of  Louisiana  to  the  United  States.  Notwith 
standing  this  diplomatic  remonstrance,  however,  the  Spanish 
government  proceeded  to  deliver  the  possession  of  Louisiana  to 
France  in  execution  of  the  treaty  of  St.  Ildelfonso  ;  saw  France, 
by  an  almost  simultaneous  act,  transfer  the  possession  to  the 
Ignited  States  in  execution  of  the  treaty  of  purchase ;  and 
finally,  instructed  the  Marquis  de  Casa  Yrujo  to  present  to  the 
American  government  the  declaration  of  the  15th  of  May,  1804, 
acting  '•  by  the  special  order  of  his  sovereign,"  4<  that  the  explana 
tions,  which  the  government  of  France  had  given  to  his  Catholic 
Majesty,  concerning  the  sale  of  Louisiana  to  the  United  States, 
and  the  amicable  dispositions  on  the  part  of  the  king,  his  master, 
towards  these  states,  had  determined  him  to  abandon  the  opposi 
tion  which,  at  a  prior  period,  and  with  the  most  substantial 
motives,  he  had  manifested  against  the  transaction,  "f 

But  after  this  amicable  and  decisive  arrangement  of  all  differ 
ences  iii  relation  to  the  validity  of  the  Louisiana  purchase,  a 
question  of  some  embarrassment  remained  in  relation  to  the 
boundaries  of  the  ceded  territory.  This  question,  however,  the 
American  government  always  has  been,  and  always  will  be,  willing 

*  See  the  letter  of  Lord  Hawkesbury  to  Mr.  King,  dated  the  19th  of 
May,  1803. 

f^See  the  letter  of  the  Marquis  de  Casa  Yrujo  to  the  American  Secre 
tary  of  State,  dated  the  15th  of  May,  1804. 


CAUSES,  ETC.   OF   THE    WAE.  319 

to  discuss  in  the  most  candid  manner,  and  to  settle  upon  the  most 
liberal  basis,  with  the  government  of  Spain.  It  was  not,  there 
fore,  a  fair  topic  with  which  to  inflame  the  prince  regent's  declara 
tion,  or  to  embellish  the  diplomatic  notes  of  the  British  negoti 
ators  at  Ghent.*  The  period  has  arrived  when  Spain,  relieved 
from  her  European  labors,  may  be  expected  to  bestow  her  atten 
tion  more  effectually  upon  the  state  of  her  colonies  ;  and,  acting 
with  the  wisdom,  justice,  and  magnanimity  of  which  she  has 
given  frequent  examples,  she  will  find  no  difficulty  in  meeting 
the  recent  advances  of  the  American  government  for  an  honor 
able  adjustment  of  every  point  in  controversy  between  the  two 
countries,  without  seeking  the  aid  of  British  mediation  or  adopt 
ing  the  animosity  of  British  councils. 

But  still  the  United  States,  feeling  a  constant  interest  in  the 
opinion  of  enlightened  and  impartial  nations,  cannot  hesitate  to 
embrace  the  opportunity,  for  representing,  in  the  simplicity  of 
truth,  the  events  by  which  they  have  been  led  to  take  possession 
of  a  part  of  the  Floridas,  notwithstanding  the  claim  of  Spain  to 
the  sovereignty  of  the  same  territory.  In  the  acceptation  and 
understanding  of  the  United  States,  the  cession  of  Louisiana  em 
braced  the  country  south  of  the  Mississippi  territory,  and  east 
ward  of  the  river  Mississippi,  and  extending  to  the  river  Per- 
dido;  but  "their  conciliatory  views,  and  their  confidence  in  the 
justice  of  their  cause  and  in  the  success  of  a  candid  discussion 
and  amicable  negotiation  with  a  just  and  friendly  power,  in 
duced  them  to  acquiesce  in  the  temporary  continuance  of  that 
territory  under  the  Spanish  authority."")"  When,  however,  the 
adjustment  of  the  boundaries  of  Louisiana,  as  well  as  a  reason 
able  indemnification  on  account  of  maritime  spoliations,  and  the 
suspension  of  the  right  of  deposit  at  New  Orleans,  seemed  to  be 
indefinitely  postponed  on  the  part  of  Spain,  by  events  which  the 
United  States  had  not  contributed  to  produce,  and  could  not 
control;  when  a  crisis  had  arrived  subversive  of  the  order  of 
things  under  the  Spanish  authorities,  contravening  the  views  of 
both  parties,  and  endangering  the  tranquillity  and  security  of  the 
adjoining  territories,  by  the  intrusive  establishment  of  a  govern 
ment,  independent  of  Spain,  as  well  as  of  the  United  States; 
and  when,  at  a  later  period,  there  was  reason  to  believe  that 
Great.  Britain  herself  designed  to  occupy  the  Floridas  (and  she 
has,  indeed,  actually  occupied  Pensacola  for  hostile  purposes), 


*  See  the  prince  regent's  declaration  of  the  10th  of  January,  1813.  See 
the  notes  of  the  British  commissioners,  dated  19th  September  and  8th 
October,  1814. 

f  See  the  proclamation  of  th'e  President  of  the  United  States,  author 
izing  Governor  Claiborne  to  take  possession  of  the  territory,  dated  the 
27th  of  October,  1810. 


320  APPENDICES. 

the  American  government,  without  departing  from  its  respect  for 
the  rights  of  Spain,  and  even  consulting  the  honor  of  that  state, 
unequal,  as  she  then  was,  to  the  task  of  suppressing  the  intru 
sive  establishment,  was  impelled  by  the  paramount  principle  of 
self-preservation  to  rescue  its  own  rights  from  the  impending 
danger.  Hence  the  United  States,  in  the  year  1810,  proceeding 
step  by  step,  according  to  the  growing  exigencies  of  the  time, 
took  possession  of  the  country  in  which  the  standard  of  inde 
pendence  had  been  displayed,  excepting  such  places  as  were  held 
by  a  Spanish  force.  In  the  year  1811,  they  authorized  their 
President,  by  law,  provisionally  to  accept  of  the  possession  of 
East  Florida  from  the  local  authorities,  or  to  preoccupy  it  against 
the  attempt  of  a  foreign  power  to  seize  it.  In  1813  they  obtained 
the  possession  of  Mobile,  the  only  place  then  held  by  a  Spanish 
force  in  West  Florida,  with  a  view  to  their  own  immediate  secu 
rity,  but  without  varying  the  questions  depending  between  them 
and  Spain  in  relation  to  that  province.  And  in  the  year  1814, 
the  American  commander,  acting  under  the  sanction  of  the  law 
of  nations,  but  unauthorized  by  the  orders  of  his  government, 
drove  from  Pensacola  the  British  troops,  who,  in  violation  of  the 
neutral  territory  of  Spain  (a  violation  which  Spain,  it  is  believed, 
must  herself  resent,  and  would  have  resisted  if  the  opportunity 
had  occurred),  seized  and  fortified  that  station  to  aid  in  military 
operations  against  the  United  States.  But  all  these  measures  of 
safety  and  necessity  were  frankly  explained,  as  they  occurred,  to 
the  government  of  Spain,  and  even  to  the  government  of  Great 
Britain  antecedently  to  the  declaration  of  war,  with  the  sincerest 
assurances  that  the  possession  of  the  territory  thus  acquired 
"should  not  cease  to  be  a  subject  of  fair  and  friendly  negotiation 
and  adjustment."* 

The  present  review  of  the  conduct  of  the  United  States  to 
ward  the  belligerent  powers  of  Europe,  will  be  regarded  by  every 
candid  mind  as  a  necessary  medium  to  vindicate  their  national 
character  from  the  unmerited  imputations  of  the  prince  regent's 
declaration  of  the  10th  of  January,  1813,  and  not  as  a  medium, 
voluntarily  assumed,  according  to  the  insinuations  of  that  decla 
ration,  for  the  revival  of  unworthy  prejudices  or  vindictive  pas- 


*  See  the  letter  from  the  Secretary  of  State  to  Governor  Claiborne,  and 
the  President's  proclamation,  dated  the  27th  of  October,  1810.  See  the 
proceedings  of  the  convention  of  Florida,  transmitted  to  the  Secretary 
of  State  by  the  Governor  of  the  Mississippi  territory  in  his  letter  of  the 
17th  of  October,  1810,  and  the  answer  of  the  Secretary  of  State,  dated  the 
15th  of  November,  1810.  See  the  letter  of  Mr.  Morier,  British  charge 
d'affaires,  to  the  Secretary  of  State,  dated  the  15th  of  December,  1810, 
and  the  Secretary's  answer.  See  the  correspondence  between  Mr.  Monroe 
and  Mr.  Foster,  the  British  minister,  in  the  months  of  July,  September, 
and  November,  1811. 


CAUSES,  ETC.  OF   THE 

sions  in  reference  to  transactions  that  are  past.  The  treld 
Amiens,  which  seemed  to  terminate  the  war  in  Europe,  seemed, 
also,  to  terminate  the  neutral  sufferings  of  America;  but  the 
hope  of  repose  was,  in  both  respects,  delusive  and  transient. 
The  hostilities  which  were  renewed  between  Great  Britain  and 
France  in  the  year  1803,  were  immediately  followed  by  a  re 
newal  of  the  aggressions  of  the  belligerent  powers  upon  the  com 
mercial  rights  and  political  independence  of  the  United  States. 
There  was  scarcely,  therefore,  an  interval  separating  the  aggres 
sions  of  the  first  war  from  the  aggressions  of  the  second  war ; 
and  although  in  nature  the  aggressions  continued  to  be  the  same, 
in  extent  they  became  incalculably  more  destructive.  It  will  be 
seen,  however,  that  the  American  government  inflexibly  main 
tained  its  neutral  and  pacific  policy  in  every  extremity  of  the  lat 
ter  trial  with  the  same  good  faith  and  forbearance  that  in  the 
former  trial  had  distinguished  its  conduct,  until  it  was  compelled 
to  choose  from  the  alternative  of  national  degradation  or  national 
resistance.  And  if  Great  Britain  alone  then  became  the  object 
of  the  American  declaration  of  war,  it  will  be  seen  that  Great 
Britain  alone  had  obstinately  closed  the  door  of  amicable  nego 
tiation. 

The  American  minister  at  London,  anticipating  the  rupture 
between  Great  Britain  and  France,  had  obtained  assurances  from 
the  British  government  "that,  in  the  event  of  war,  the  instruc 
tions  given  to  their  naval  officers  should  be  drawn  up  with  plain 
ness  and  precision;  and,  in  general,  that  the  rights  of  belliger 
ents  should  be  exercised  in  moderation,  and  with  due  respect  for 
those  of  neutrals."*  And  in  relation  to  the  important  subject 
of  impressment,  he  had  actually  prepared  for  signature,  with  the 
assent  of  Lord  Hawkesbury  and  Lord  St.  Yincent,  a  convention 
to  continue  during  five  years,  declaring  that  "  no  seaman  nor  sea 
faring  person  should,  upon  the  high  seas,  and  without  the  juris 
diction  of  either  party,  be  demanded  or  taken  out  of  any  ship  or 
vessel  belonging  to  the  citizens  or  subjects  of  one  of  the  parties, 
by  the  public  or  private  armed  ships  or  men  of  war  belonging  to 
or  in  the  service  of  the  other  party;  and  that  strict  orders  should 
be  given  for  the  due  observance  of  the  engagement. "f  This 
convention,  which  explicitly  relinquished  impressments  from 
American  vessels  on  the  high  seas,  and  to  which  the  British 
ministers  had  at  first  agreed,  Lord  St.  Yincent  was  desirous 
afterwards  to  modify,  "stating  that,  on  further  reflection,  he  was 
of  opinion  that  the"  narrow  seas  should  be  expressly  excepted, 
they  having  been,  as  his  lordship  remarked,  immemorially  con- 

*  Sec  the  letter  of  Mr.  King  to  the  Secretary  of  State,  dated  the  16th 
of  May,  1803. 
f  See  the  letter  of  Mr.  King  to  the  Secretary  of  State,  dated  July,  1803. 


322  APPENDICES. 

siderecl  to  be  within  the  dominion  of  Great  Britain."  The  Amei%- 
ioan  minister,  however,  "  having  supposed,  from  the  tenor  of  his 
conversations  with  Lord  St.  Vincent,  that  the  doctrine  of  mare 
clausum  would  not  be  revived  against  the  United  States  on  this 
occasion,  but  that  England  would  be  content  with  the  limited 
jurisdiction  or  dominion  over  the  seas  adjacent  to  her  territories, 
which  is  assigned  by  the  law  of  nations  to  other  states,  was  dis 
appointed  on  receiving  Lord  St.  Vincent's  communication,  and 
chose  rather  to  abandon  the  negotiation  than  to  acquiesce  in  the 
doctrine  it  proposed  to  establish."*  But  it  was  still  some  satis 
faction  to  receive  a  formal  declaration  from  the  British  govern 
ment,  communicated  by  its  minister  at  Washington,  after  the  re 
commencement  of  the  war  in  Europe,  which  promised,  in  effect, 
to  reinstate  the  practice  of  naval  blockades  upon  the  principles  of 
the  law  of  nations,  so  that  no  blockade  should  be  considered  as 
existing  "  unless  in  respect  of  particular  ports,  which  might  be 
actually  invested,  and  then  that  the  vessels  bound  to  such  ports 
should  not  be  captured  unless  they  had  previously  been  warned 
not  to  enter  them."f 

All  the  precautions  of  the  American  government  were,  never 
theless,  ineffectual ;  and  the  assurances  of  the  British  govern 
ment  were  in  no  instance  verified.  The  outrage  of  impressment 
was  again  indiscriminately  perpetrated  upon  the  crew  of  every 
American  vessel,  and  on  every  sea.  The  enormity  of  blockades, 
established  by  an  order  in  council,  without  a  legitimate  object 
and  maintained  by  an  order  in  council,  without  the  application 
of  a  competent  force,  was  more  and  more  developed.  The  rule, 
denominated  "the  rule  of  the  war  of  1756,"  was  revived  in  an 
affected  style  of  moderation,  but  in  a  spirit  of  more  rigorous  exe 
cution.  J  The  lives,  the  liberty,  the  fortunes,  and  the  happiness 
of  the  citizens  of  the  United  States,  engaged  in  the  pursuits  of 
navigation  and  commerce,  were  once  more  subjected  to  the  vio 
lence  and  cupidity  of  the  British  cruisers.  And,  in  brief,  so 
grievous,  so  intolerable,  had  the  afflictions  of  the  nation  become, 
that  the  people,  with  one  mind  and  one  voice,  called  loudly  upon 
their  government  for  redress  and  protection ;§  the  Congress  of 
the  United  States,  participating  in  the  feelings  and  resentments 

*  See  tlie  letter  of  Mr.  King  to  the  Secretary  of  State,  dated  July,  1803. 

f  See  the  letter  of  Mr.  Merry  to  the  Secretary  of  State,  dated  the  12th 
of  April,  1804,  and  the  inclosed  copy  of  a  letter  from  Mr.  Nepean,  the 
Secretary  of  the  Admiralty,  to  Mr.  Hammond,  the  British  Undersecre 
tary  of  State  for  Foreign  Atfairs,  dated  Jan.  5th,  1804. 

f  See  the  orders  in  council  of  the  24th  of  June,  1803,  and  the  17th  of 
August,  1805. 

\  See  the  memorials  of  Boston,  New  York,  Philadelphia,  Baltimore, 
etc.,  presented  to  Congress  in  the  end  of  the  year  1805  and  the  beginning 
of  the  year  1800. 


CAUSES,  ETC.  OF   THE    WAR.  323 

of  the  time,  urged  upon  the  executive  magistrate  the  necessity 
of  an  immediate  demand  of  reparation  from  Great  Britain,*  while 
the  same  patriotic  spirit  which  had  opposed  British  usurpation  in 
1793  and  encountered  French  hostility  in  1798  was  again  pledged, 
in  every  variety  of  form,  to  the  maintenance  of  the  national 
honor  and  independence  during  the  more  arduous  trial  that  arose 
in  1805. 

Amidst  these  scenes  of  injustice  on  the  one  hand  and  of  rec 
lamation  on  the  other,  the  American  government  preserved  its 
equanimity  and  its  firmness.  It  beheld  much  in  the  conduct  of 
France  and  of  her  ally,  Spain,  to  provoke  reprisals.  It  beheld 
more  in  the  conduct  of  Great  Britain,  that  led,  unavoidably  (as 
had  often  been  avowed),  to  the  last  resort  of  arms.  It  beheld  in 
the  temper  of  the  nation  all  that  was  requisite  to  justify  an  im 
mediate  selection  of  Great  Britain  as  the  object  of  a  declaration 
of  war.  And  it  could  not  but  behold  in  the  policy  of  France  the 
strongest  motive  to  acquire  the  United  States  as  an  associate  in 
the  existing  conflict.  Yet  these  considerations  did  not  then,  more 
than  at  any  former  crisis,  subdue  the  fortitude  or  mislead  the 
judgment  of  the  American  government ;  but  in  perfect  consist 
ency  with  its  neutral  as  well  as  its  pacific  system,  it  demanded 
atonement  by  remonstrances  with  France  and  Spain  ;  and  it 
sought  the  preservation  of  peace  by  negotiation  with  Great 
Britain. 

It  has  been  shown  that  a  treaty  proposed  emphatically  by  the 
British  minister  resident  at  Philadelphia,  "  as  the  means  of  drying 
up  every  source  of  complaint  and  irritation  upon  the  head  of 
impressment,"  was  "  deemed  utterly  inadmissible"  by  the  Amer 
ican  government,  because  it  did  not  sufficiently  provide  for  that 
object,  f  It  has  also  been  shown  that  another  treaty,  proposed 
by  the  American  minister  at  London,  was  laid  aside  because  the 
British  government,  while  it  was  willing  to  relinquish  expressly 
impressments  from  American  vessels  on  the  high  seas,  insisted 
upon  an  exception  in  reference  to  the  narrow  seas  claimed  as  a 
part  of  the  British  dominion  ;  and  experience  demonstrated  that, 
although  the  spoliations  committed  upon  the  American  commerce 
might  admit  of  reparation  by  the  payment  of  a  pecuniary  equiva 
lent,  yet,  consulting  the  honor  and  the  feelings  of  the  nation,  it  was 
impossible  to  receive  satisfaction  for  the  cruelties  of  impressment 
by  any  other  means  than  by  an  entire  discontinuance  of  the  prac- 


*  See  the  resolutions  of  the  Senate  of  the  United  States  of  the,  10th  and 
14th  of  February,  180G,  and  the  resolution  of  the  House  of  Representa 
tives  of  the  26th  of  January,  1806. 

f  See  Mr.  Listen's  letter  to  the  Secretary  of  State,  dated  the  4th  of 
February.  1800,  and  the  letter  of  Mr.  Pickering,  Secretary  of  State,  to 
the  President  of  the  United  States,  dated  the  20th  of  February,  1800. 


324  APPENDICES. 

tice.  When,  therefore,  the  envoys  extraordinary  were  appointed 
in  the  year  1806  to  negotiate  with  the  British  government,  every 
authority  was  given  for  the  purposes  of  conciliation  ;  nay,  an  act 
of  Congress  prohibiting  the  importation  of  certain  articles  of 
British  manufacture  into  the  United  States  was  suspended  in 
proof  of  a  friendly  disposition;*  but  it  was  declared  that  "the 
suppression  of  impressment  and  the  definition  of  blockades  were 
absolutely  indispensable  ;"  and  that  "  without  a  provision  against 
impressments  no  treaty  should  be  concluded."  The  American 
envoys  accordingly  took  care  to  communicate  to  the  British 
commissioners  the  limitations  of  their  powers.  Influenced  at  the 
same  time  by  a  sincere  desire  to  terminate  the  differences  between 
the  two  nations ;  knowing  the  solicitude  of  their  government  to 
relieve  its  seafaring  citizens  from  actual  sufferance ;  listening  with 
confidence  to  assurances  and  explanations  of  the  British  commis 
sioners  in  a  sense  favorable  to  their  wishes ;  and  judging  from  a 
state  of  information  that  gave  no  immediate  cause  to  doubt  the  suf-; 
ficiency  of  those  assurances  and  explanations,  the  envoys,  rather 
than  terminate  the  negotiation  without  any  arrangement,  were 
willing  to  rely  upon  the  efficacy  of  a  substitute  for  a  positive  article 
in  the  treaty  to  be  submitted  to  the  consideration  of  their  govern 
ment,  as  this,  according  to  the  declaration  of  the  British  com 
missioners,  was  the  only  arrangement  they  were  permitted  at 
that  time  to  propose  or  to  allow.  The  substitute  was  presented 
in  the  form  of  a  note  from  the  British  commissioners  to  the  Amer 
ican  envoys,  and  contained  a  pledge  "that  instructions  had  been 
given,  and  should  be  repeated  and  enforced,  for  the  observance 
of  the  greatest  caution  in  the  impressing  of  British  seamen  ;  that 
the  strictest  care  should  be  taken  to  preserve  the  citizens  of  the 
United  States  from  any  molestation  or  injury;  and  that  imme 
diate  and  prompt  redress  should  be  afforded  upon  any  represen 
tation  of  injury  sustained  by  them."^ 

Inasmuch,  however,  as  the  treaty  contained  no  provision  against 
impressment,  and  it  was  seen  by  the  government  when  the  treaty 
was  under  consideration  for  ratification  that  the  pledge  contained 
in  the  substitute  was  not  complied  with,  but,  on  the  contrary,  that 
the  impressments  were  continued  with  undiminished  violence  in 
the  American  seas  so  long  after  the  alleged  date  of  the  instruc 
tions  which  were  to  arrest  them,  that  the  practical  inefficacy  of 
the  substitute  could  not  be  doubted  by  the  government  here,  the 
ratification  of  the  treaty  was  necessarily  declined  ;  and  it  has 
since  appeared  that  after  a  change  in  the  British  ministry  had 

*  See  the  act  of  Congress  passed  the  18th  of  April,  1806,  and  the  act 
suspending  it,  passed  the  19th  of  December,  1806. 

f  See  the  note  of  the  British  commissioners,  dated  8th  of  November, 
1806. 


CAUSES,  ETC.  OF   THE    WAR.  325 

taken  place  it  was  declared  by  the  Secretary  for  Foreign  Affairs 
that  no  engagements  were  entered  into  on  the  part  of  his  Majesty 
as  connected  with  the  treaty  except  such  as  appear  upon  the  face 
of  it* 

The  American  government,  however,  with  unabating  solici 
tude  for  peace,  urged  an  immediate  renewal  of  the  negotiations 
on  the  basis  of  the  abortive  treaty,  until  this  course  was  peremp 
torily  declared,  by  the  British  government,  to  be  "  wholly  inad 
missible.'^ 

But,  independent  of  the  silence  of  the  proposed  treaty,  upon 
the  great  topic  of  American  complaint,  and  of  the  view  which 
has  been  taken  of  the  projected  substitute  ;  the  contemporaneous 
declaration  of  the  British  commissioners,  delivered  by  the  com 
mand  of  their  sovereign,  and  to  which  the  American  envoys 
refused  to  make  themselves  a  party,  or  to  give  the  slightest 
degree  of  sanction,  was  regarded  by  the  American  government 
as  ample  cause  of  rejection.  In  reference  to  the  French  decree, 
which  had  been  issued  at  Berlin,  on  the  21st  of  November,  1806, 
it  was  declared  that  if  France  should  carry  the  threats  of  that 
decree  into  execution,  and  "if  neutral  nations,  contrary  to  all 
expectation,  should  acquiesce  in  such  usurpations,  his  Majesty 
might  probably  be  compelled,  however  reluctantly,  to  retaliate 
in  his  just  defence,  and  to  adopt,  in  regard  to  the  commerce  of 
neutral  nations  with  his  enemies,  the  same  measures  which  those 
nations  should  have  permitted  to  be  enforced  against  their  com 
merce  with  his  subjects ;"  "  that  his  Majesty  could  not  enter  into 
the  stipulations  of  the  present  treaty  without  an  explanation 
from  the  United  States  of  their  intentions,  or  a  reservation  on 
the  part  of  his  Majesty,  in  the  case  above  mentioned,  if  it  should 
ever  occur;"  and  "that  without  a  formal  abandonment  or  tacit 
relinquish  men  t  of  the  unjust  pretensions  of  France,  or  without 
such  conduct  and  assurances  upon  the  part  of  the  United  States 
as  should  give  security  to  his  Majesty  that  they  would  not  sub 
mit  to  the  French  innovations  in  the  established  system  of  mari 
time  law,  his  Majesty  would  not  consider  himself  bound,  by  the 
present  signature  of  his  commissioners,  to  ratify  the  treaty  or 
precluded  from  adopting  such  measures  as  might  seem  necessary 
for  counteracting  the  designs  of  the  enemy. "j 

The  reservation  of  a  power  to  invalidate  a  solemn  treaty  at 
the  pleasure  of  one  of  the  parties,  and  the  menace  of  inflicting 
punishment  upon  the  United  States  for  the  offences  of  another 


*  See  Mr.  Canning's  letter  to  the  American  envoys,  dated  27th  Octo 
ber,  1807. 

f.  See  the  same  letter. 

J  See  the  note  of  the  British  commissioners,  dated  the  31st  of  December, 
1806.  See,  also,  the  answer  of  Messrs.  Monroe  and  Pinkney  to  that  note. 


326  APPENDICES. 

nation,  proved  in  the  event  a  prelude  to  the  scenes  of  violence 
which  Great  Britain  was  then  about  to  display,  and  which  it 
would  have  been  improper  for  the  American  negotiators  to 
anticipate.  For  if  a  commentary  were  wanting  to  explain  the 
real  design  of  such  conduct,  it  would  be  found  in  the  fact  that 
within  eight  days  from  the  date  of  the  treaty,  and  before  it  was 
possible  for  the  British  government  to  have  known  the  effect  of 
the  Berlin  decree  on  the  American  government;  nay,  even  be 
fore  the  American  government  had  itself  heard  of  that  decree, 
the  destruction  of  American  commerce  was  commenced  by  the 
order  in  council  of  the  7th  of  January,  1807,  which  announced 
"that  no  vessel  should  be  permitted  to  trade  from  one  port  to 
another,  both  which  ports  should  belong  to,  or  be  in  possession  of, 
France  or  her  allies;  or  should  be  so  far  under  their  control  as 
that  British  vessels  might  not  trade  freely  thereat."* 

During  the  whole  period  of  this  negotiation,  which  did  not 
finally  close  until  the  British  government  declared  in  the  month 
of  October,  1807,  that  negotiation  was  no  longer  admissible, 
the  course  pursued  by  the  British  squadron,  stationed  more  im 
mediately  on  the  American  coast,  was,  in  the  extreme,  vexatious, 
predatory,  and  hostile.  The  territorial  jurisdiction  of  the  United 
States,  extending,  upon  the  principles  of  the  law  of  nations,  at 
least  a  league  over  the  adjacent  ocean,  was  totally  disregarded 
and  contemned.  Vessels  employed  in  the  coasting  trade,  or  in 
the  businsss  of  the  pilot  and  the  fisherman,  were  objects  of  in 
cessant  violence ;  their  petty  cargoes  were  plundered,  and  some 
of  their  scantv  crews  were  often  either  impressed,  or  wounded, 
or  killed  by  the  force  of  British  frigates.  British  ships  of  war 
hovered  in  warlike  display  upon  the  coast,  blockaded  the  ports 
of  the  United  States  so  that  no  vessel  could  enter  or  depart  in 
safety,  penetrated  the  bays  and  rivers,  and  even  anchored  in 
the  harbors  of  the  United  States  to  exercise  a  jurisdiction  of 
impressment,  threatened  the  towns  and  villages  with  conflagra 
tion,  and  wantonly  discharged  musketry,  as  well  as  cannon, 
upon  the  inhabitants  of  an  open  and  unprotected  country.  The 
neutrality  of  the  American  territory  was  violated  on  every  occa 
sion,  and  at  last  the  American  government  was  doomed  to  suffer 
the  greatest  indignity  which  could  be  offered  to  a  sovereign  and 
independent  nation,  in  the  ever-memorable  attack  of  a  British 
fifty-gun  ship,  under  the  countenance  of  the  British  squadron, 
anchored  within  the  waters  of  the  United  States,  upon  the  frigate 
Chesapeake  peaceably  prosecuting  a  distant  voyage.  The  British 
government  affected  from  time  to  time  to  disapprove  and  condemn 
these  outrages,  but  the  officers  who  perpetrated  them  were  gen 
erally  applauded  ;  if  tried,  they  were  acquitted  ;  if  removed  from 

*  See  the  order  in  council  of  Januar.y  7,  1807. 


CAUSES,  ETC.  OF   THE   WAR.  327 

the  American  station,  it  was  only  to  be  promoted  in  another 
station  ;  and  if  atonement  were  offered,  as  in  the  flagrant  instance 
of  the  frigate  Chesapeake,  the  atonement  was  so  ungracious  in 
the  manner,  and  so  tardy  in  the  result,  as  to  betray  the  want  of 
that  conciliatory  spirit  which  ought  to  have  characterized  it.* 

But  the  American  government,  soothing  the  exasperated  spirit 
of  the  people  by  a  proclamation,  which  interdicted  the  entrance 
of  all  British  armed  vessels  into  the  harbors  and  waters  of  the 
United  States, f  neither  commenced  hostilities  against  Great 
Britain,  nor  sought  a  defensive  alliance  with  France,  nor  relaxed 
in  its  firm,  but  conciliatory  efforts,  to  enforce  the  claims  of  justice 
upon  the  honor  of  both  nations. 

The  rival  ambition  of  Great  Britain  and  France  now,  however, 
approached  the  consummation,  which,  involving  the  destruction 
of  all  neutral  rights  upon  an  avowed  principle  of  action,  could 
not  fail  to  render  an  actual  state  of  war  comparatively  more 
safe  and  more  prosperous  than  the  imaginary  state  of  peace  to 
which  neutrals  were  reduced.  The  just  and  impartial  conduct 
of  a  neutral  nation  ceased  to  be  its  shield  and  its  safeguard  when 
the  conduct  of  the  belligerent  powers  towards  each  other  became 
the  only  criterion  of  the  law  of  war.  The  wrong  committed  by 
one  of  the  belligerent  powers  was  thus  made  the  signal  for  the 
perpetration  of  a  greater  wrong  by  the  other;  and  if  the  Ameri 
can  government  complained  to  both  powers,  their  answer, 
although  it  never  denied  the  causes  of  complaint,  invariably 
retorted  an  idle  and  offensive  inquiry  into  the  priority  of  their 
respective  aggressions;  or  each  demanded  a  course  of  resistance 
against  its  antagonist,  which  was  calculated  to  prostrate  the 
American  right  of  self-government,  and  to  coerce  the  United 
States  against  their  interest  and  their  policy  into  becoming  an 
associate  in  the  war.  But  the  American  government  never  did, 
and  never  can,  admit  that  a  belligerent  power,  "  in  taking  steps 
to  restrain  the  violence  of  its  enemy,  and  to  retort  upon  them 
the  evils  of  their  own  injustice, "J  is  entitled  to  disturb  and  to 
destroy  the  rights  of  a  neutral  power  as  recognized  and  estab 
lished  by  the  law  of  nations.  It  was  impossible,  indeed,  that 
the  real  features  of  the  miscalled  retaliatory  system  should  be 
long  masked  from  the  world,  when  Great  Britain,  even  in  her 
acts  of  professed  retaliation,  declared  that  France  was  unable  to 

*  See  the  evidence  of  these  facts  reported  to  Congress  in  November, 
1806.  See  the  documents  respecting  Captain  Love,  of  the  Driver,  Cap 
tain  "Whitby,  of  the  .Leander,  and  Captain  .  See,  also,  the  corre 
spondence  respecting  the  frigate  Chesapeake,  with  Mr.  Canning  at  Lon 
don,  with  Mr.  Hose  at  Washington,  with  Mr.  Erskine  at  Washington, 
and  with 

f  See  the  proclamation  of  the  2d  of  July,  1807. 

j  See  the  orders  in  council  of  the  7th  of  January,  1807. 


328  APPENDICES. 

execute  the  hostile  denunciations  of  her  decrees,*  and  when 
Great  Britain  herself,  unblushingly,  entered  into  the  same  com 
merce  with  her  enemy  (through  the  medium  of  forgeries,  per 
juries,  and  licenses)  from  which  she  had  interdicted  unoffending 
neutrals.  The  pride  of  naval  superiority,  and  the  cravings  of 
commercial  monopoly,  gave,  after  all,  the  impulse  and  direction 
to  the  councils  of  the  British  cabinet,  while  the  vast,  although 
visionary,  projects  of  France,  furnished  occasions  and  pretexts 
for  accomplishing  the  objects  of  those  councils. 

The  British  minister,  resident  at  Washington  in  the  year  1804, 
having  distinctly  recognized,  in  the  name  of  his  sovereign,  the 
legitimate  principles  of  blockade,  the  American  government  re 
ceived  with  some  surprise  and  solicitude  the  successive  notifica 
tions  of  the  9th  of  August,  1804,  the  8th  of  April,  1806,  and 
more  particularly  of  the  16th  of  May,  1806,  announcing,  by  the 
last  notification,  "  a  blockade  of  the  coast,  rivers,  and  ports  from 
the  river  Elbe  to  the  port'  of  Brest,  both  inclusive. "f  In  none 
of  the  notified  instances  of  blockade  were  the  principles  that  had 
been  recognized  in  1804  adopted  and  pursued;  and  it  will  be 
recollected  by  all  Europe,  that  neither  at  the  time  of  the  notifica 
tion  of  the  16th  of  May,  1806,  nor  at  the  time  of  excepting  the 
Elbe  and  Ems  from  the  operation  of  that  notification,!  nor  at 
any  time  during  the  continuance  of  the  French  war,  was  there 
an  adequate  naval  force,  actually  applied  by  Great  Britain,  for 
the  purpose  of  maintaining  a  blockade  from  the  river  Elbe  to  the 
port  of  Brest.  It  was  then,  in  the  language  of  the  day,  "  a  mere 
paper  blockade,"  a  manifest  infraction  of  the  law  of  nations,  and 
an  act  of  peculiar  injustice  to  the  United  States,  as  the  only  neu 
tral  power  against  which  it  could  practically  operate.  But  what 
ever  may  have  been  the  sense  of  the  American  government  on 
the  occasion,  and  whatever  might  be  the  disposition  to  avoid 
making  this  the  ground  of  an  open  rupture  with  Great  Britain, 
the  case  assumed  a  character  of  the  highest  interest  when,  inde 
pendent  of  its  own  injurious  consequences,  France,  in  the  Berlin 
decree  of  the  21st  of  November,  1806,  recited  as  a  chief  cause 
for  placing  the  British  islands  in  a  state  of  blockade,  "  that  Great 
Britain  declares  blockaded,  places  before  which  she  has  not  a 
single  vessel  of  war,  and  even  places  which  her  united  forces 
would  be  incapable  of  blockading,  such  as  entire  coasts  and  a 
whole  empire;  an  unequalled  abuse  of  the  right  of  blockade,  that 
had  no  other  object  than  to  interrupt  the  communications  of  dif- 

*  See  the  orders  in  council  of  the  7th  of  January,  1807. 

f  See  Lord  Harrowby's  note  to  Mr.  Monroe,  dated  the  9th  of  August, 
1804,  and  Mr.  Fox's  notes  to  Mr.  Monroe,  dated  respectively  the  8th  of 
April  and  the  16th  of  May,  1806. 

%  See  Lord  Howick's  note  to  Mr.  Monroe,  dated  the  25th  of  September, 
1806. 


CAUSES,  ETC.  OF  THE    WAR.  329 

ferent  nations,  and  to  extend  the  commerce  and  industry  of  Eng 
land  upon  the  ruin  of  those  nations."*  The  American  govern 
ment  aims  not,  and  never  has  aimed,  at  the  justification,  either 
of  Great  Britain  or  of  France,  in  their  career  of  crimination  and 
recrimination ;  but  it  is  of  some  importance  to  observe,  that  if 
the  blockade  of  May,  1806,  was  an  unlawful  blockade,  and  if  the 
right  of  retaliation  arose  with  the  first  unlawful  attack  made  by 
a  belligerent  power  upon  neutral  rights,  Great  Britain  has  yet  to 
answer  to  mankind,  according  to  the  rule  of  her  own  acknowledg 
ment,  for  all  the  calamities  of  the  retaliatory  warfare.  France, 
whether  right  or  wrong,  made  the  British  system  of  blockade 
the  foundation  of  the  Berlin  decree,  and  France  had  an  equal 
right  with  Great  Britain  to  demand  from  the  United  States  an 
opposition  to  every  encroachment  upon  the  privileges  of  the  neu 
tral  character.  It  is  enough,  however,  on  the  present  occasion, 
for  the  American  government  to  observe  that  it  possessed  no 
power  to  prevent  the  framing  of  the  Berlin  decree,  and  to  dis 
claim  any  approbation  of  its  principles  or  acquiescence  in  its 
operations ;  for  it  neither  belonged  to  Great  Britain  nor  to  France 
to  prescribe  to  the  American  government  the  time  or  the  mode, 
or  the  degree  of  resistance  to  the  indignities  and  the  outrages 
with  which  each  of  those  nations  in  its  turn  assailed  the  United 
States. 

But  it  has  been  shown  that,  after  the  British  government  pos 
sessed  a  knowledge  of  the  existence  of  the  Berlin  decree,  it  au 
thorized  the  conclusion  of  the  treaty  with  the  United  States, 
which  was  signed  at  London  on  the  31st  of  December,  1806, 
reserving  to  itself  a  power  of  annulling  the  treaty,  if  France  did 
not  revoke,  or  if  the  United  States,  as  a  neutral  power,  did  not 
resist,  the  obnoxious  measure.  It  has  also  been  shown  that  before 
Great  Britain  could  possibly  ascertain  the  determination  of  the 
United  States  in  relation  to  the  Berlin  decree,  the  orders  in  coun 
cil  of  the  7th  of  January,  1807,  were  issued,  professing  to  be  a 
retaliation  against  France,  "  at  a  time  when  the  fleets  of  France 
and  her  allies  were  themselves  confined  within  their  own  ports 
by  the  superior  valor  and  discipline  of  the  British  navy,"f  but 
operating  in  fact  against  the  United  States,  as  a  neutral  power, 
to  prohibit  their  trade  "  from  one  port  to  another,  both  which 
ports  should  belong  to,  or  be  in  the  possession  of,  France  or  her 
allies,  or  should  be  so  far  under  their  control  as  that  British  ves 
sels  might  not  trade  freely  thereat."f  It  remains,  however,  to 
be  stated  that  it  was  not  until  the  12th  of  March,  1807,  that  the 
British  minister,  then  residing  at  Washington,  communicated  to 
the  American  government,  in  the  name  of  his  sovereign,  the 

*  See  the  Berlin  decree  of  the  21st  of  November,  1806. 
f  See  the  order  in  council  of  the  7th  of  January,  1807. 


330  APPENDICES. 

orders  in  council  of  January,  1807,  with  an  intimation  that 
stronger  measures  would  be  pursued  unless  the  United  States 
should  resist  the  operations  of  the  Berlin  decree.*  At  the  mo 
ment  the  British  government  was  reminded  "  that  within  the 
period  of  those  great  events  which  continued  to  agitate  Europe, 
instances  had  occurred  in  which  the  commerce  of  neutral  nations, 
more  especially  of  the  United  States,  had  experienced  the  se 
verest  distresses  from  its  own  orders  and  measures,  manifestly 
unauthorized  by  the  law  of  nations,"  assurances  were  given 
"that  no  culpable  acquiescence  on  the  part  of  the  United  States 
would  render  them  accessary  to  the  proceedings  of  one  belliger 
ent  nation,  through  their  rights  of  neutrality,  against  the  com 
merce  of  its  adversary,"  and  the  right  of  Great  Britain  to  issue 
such  orders,  unless  as  orders  of  blockade,  to  be  enforced  accord 
ing  to  the  law  of  nations,  was  utterly  denied,  f 

This  candid  and  explicit  avowal  of  the  sentiments  of  the 
American  government  upon  an  occasion  so  novel  and  important 
in  the  history  of  nations  did  not,  however,  make  its  just  impres 
sion  upon  the  British  cabinet ;  for,  without  assigning  any  new 
provocation  on  the  part  of  France,  and  complaining  merely  that 
neutral  powers  had  not  been  induced  to  interpose  with  effect  to 
obtain  a  revocation  of  the  Berlin  decree  (which,  however,  Great 
Britain  herself  had  affirmed  to  be  a  decree  nominal  and  inop 
erative),  the  orders  in  council  of  the  llth  of  November,  1807, 
were  issued,  declaring  "  that  all  the  ports  and  places  of  France 
and  her  allies,  or  of  any  other  country  at  war  with  his  Majesty, 
and  all  other  ports  or  places  in  Europe,  from  which,  although 
not  at  war  with  his  Majesty,  the  British  flag  was  excluded,  and 
all  ports  or  places  in  the  colonies  belonging  to  his  Majesty's  ene 
mies  should,  from  thenceforth,  be  subject  to  the  same  restrictions 
in  point  of  trade  and  navigation,  as  if  the  same  were  actually 
blockaded  by  his  Majesty's  naval  forces  in  the  most  strict  and 
rigorous  manner;"  that  "all  trade  in  articles  which  were  the  prod 
uce  or  manufacture  of  the  said  countries  or  colonies  should  be 
deemed  and  considered  to  be  unlawful  ;"  but  that  neutral  vessels 
should  still  be  permitted  to  trade  with  France  from  certain  free 
ports,  or  through  ports  and  places  of  the  British  dominions.J 
To  accept  the  lawful  enjoyment  of  a  right  as  the  grant  of  a  su 
perior,  to  prosecute  a  lawful  commerce  under  the  forms  of  favor 
and  indulgence,  and  to  pay  a  tribute  to  Great  Britain,  for  the 
privileges  of  a  lawful  transit  on  the  ocean,  were  concessions 


*  See  Mr.  Erskine's  letter  to  the  Secretary  of  State,  dated  the  12th  of 
March,  1807. 

f  See  the  Secretary  of  State's  letter  to  Mr.  Erskine,  dated  the  20th  of 
March,  1807. 

i  See  the  orders  in  council  of  the  llth  of  November,  1807. 


CAUSES,  ETC.   OF   THE    WAS.  331 

which  Great  Britain  was  disposed  insidiously  to  exact  by  an 
appeal  to  the  cupidity  of  individuals,  but  which  the  United 
States  could  never  yield  consistently  with  the  independence  and 
the  sovereignty  of  the  nation.  The  orders  in  council  were  there 
fore  altered  in  this  respect  at  a  subsequent  period  ;*  but  the  gen 
eral  interdict  of  neutral  commerce,  applying  more  especially  to 
American  commerce,  was  obstinately  maintained  against  all  the 
force  of  reason,  of  remonstrance,  and  of  protestation  employed 
by  the  American  government  when  the  subject  was  presented 
to  its  consideration  by  the  British  minister  residing  at  Washing 
ton.  The  fact  assumed  as  the  basis  of  the  orders  in  council  was 
unequivocally  disowned,  and  it  was  demonstrated  that  so  far 
from  its  being  true,  "  that  the  United  States  had  acquiesced  in 
an  illegal  operation  of  the  Berlin  decree,  it  was  not  even  true 
that  at  the  date  of  the  British  orders  of  the  llth  of  November, 
1807,  a  single  application  of  that  decree  to  the  commerce  of  the 
United  States  on  the  high  seas  could  have  been  known  to  the 
British  government;"  while  the  British  government  had  been 
officially  informed  by  the  American  minister  at  London  "  that 
explanations,  uncontradicted  by  any  overt  act,  had  been  given 
to  the  American  minister  at  Paris,  which  justified  a  reliance  that 
the  French  decree  would  not  be  put  in  force  against  the  United 

States,  "f 

The  British  orders  of  the  llth  of  November,  1807,  were 
quickly  followed  by  the  French  decree  of  Milan,  dated  the  17th 
of  December,  1807,  "which  was  said  to  be  resorted  to  only  in 
just  retaliation  of  the  barbarous  system  adopted  by  England," 
and  in  which  the  denationalizing  tendency  of  the  orders  is  made 
the  foundation  of  a  declaration  in  the  decree  "that  every  ship, 
to  whatever  nation  it  might  belong,  that  should  have  submitted 
to  be  searched  by  an  English  ship,  or  to  a  voyage  to  England,  or 
should  have  paid  any  tax  whatsoever  to  the  English  government, 
was  thereby  and  for  that  alone  declared  to  be  denationalized,  to 
have  forfeited  the  protection  of  its  sovereign,  and  to  have  be 
come  English  property,  subject  to  capture  as  good  and  lawful 
prize ;  that  the  British  islands  were  placed  in  a  state  of  block 
ade  both  by  sea  and  land,  and  every  ship,  of  whatever  nation  or 
whatever  the  nature  of  its  cargo  might  be,  that  sails  from  the 
ports  of  England  or  those  of  the  English  colonies,  and  of  the 
countries  occupied  by  English  troops,  and  proceeding  to  Eng 
land  or  to  the  English  colonies,  or  to  countries  occupied  by  Eng 
lish  troops,  should  be  good  and  lawful  prize  ;  but  that  the  pro- 


*  See  Mr.  Canning's  letter  to  Mr.  Pinkney,  23d  February,  1808. 

f  See  Mr.  Erskine's  letter  to  the  Secretary  of  State,  dated  the  22d  of 
February,  1808,  and  the  answer  of  the  Secretary  of  State,  dated  the  25tli 
of  March,  1808. 


332  APPENDICES. 

visions  of  the  decree  should  be  abrogated  and  null  in  fact  as 
soon  as  the  English  should  abide  again  by  the  principles  of  the 
law  of  nations,  which  are  also  the  principles  of  justice  and 
honor."*  In  opposition,  however,  to  the  Milan  decree,  as  well 
as  to  the  Berlin  decree,  the  American  government  strenuously 
and  unceasingly  employed  every  instrument  except  the  instru 
ments  of  war.  It  acted  precisely  towards  France  as  it  acted 
towards  Great  Britain  on  similar  occasions ;  but  France  re 
mained  for  a  time  as  insensible  to  the  claims  of  justice  and  honor 
as  Great  Britain,  each  imitating  the  other  in  extravagance  of 
pretension  and  in  obstinacy  of  purpose. 

When  the  American  government  received  intelligence  that  the 
orders  of  the  llth  of  November,  1807,  had  been  under  the  con 
sideration  of  the  British  cabinet,  and  were  actually  prepared 
for  promulgation,  it  was  anticipated  that  France,  in  a  zealous 
prosecution  of  the  retaliatory  warfare,  would  soon  produce  an 
act  of,  at  least,  equal  injustice  and  hostility.  The  crisis  existed, 
therefore,  at  which  the  United  States  were  compelled  to  decide 
either  to  withdraw  their  seafaring  citizens  and  their  commercial 
wealth  from  the  ocean,  or  to  leave  the  interests  of  the  mariner  and 
the  merchant  exposed  to  certain  destruction,  or  to  engage  in  open 
and  active  war  for  the  protection  and  defence  of  those  interests. 
The  principles  and  the  habits  of  the  American  government  were 
still  disposed  to  neutrality  and  peace.  In  weighing  the  nature  and 
the  amount  of  the  aggressions  which  had  been  perpetrated,  or 
which  were  threatened,  if  there  were  any  preponderance  to  de 
termine  the  balance  against  one  of  the  belligerent  powers  rather 
than  the  other  as  the  object  of  a  declaration  of  war,  it  was  against 
Great  Britain,  at  least,  upon  the  vital  interest  of  impressment 
and  the  obvious  superiority  of  her  naval  means  of  annoyance. 
The  French  decrees  were  indeed  as  obnoxious  in  their  formation 
and  design  as  the  British  orders ;  but  the  government  of  France 
claimed  and  exercised  no  right  of  impressment,  and  the  maritime 
spoliations  of  France  were  comparatively  restricted  not  only  by 
her  own  weakness  on  the  ocean,  but  by  the  constant  and  per 
vading  vigilance  of  the  fleets  of  her  enemy.  The  difficulty  of 
selection,  the  indiscretion  of  encountering  at  once  both  of  the 
offending  powers,  and,  above  all,  the  hope  of  an  early  return 
of  justice,  under  the  dispensations  of  the  ancient  public  law, 
prevailed  in  the  councils  of  the  American  government ;  and  it 
was  resolved  to  attempt  the  preservation  of  its  neutrality  and  its 
peace,  of  its  citizens  and  its  resources,  by  a  voluntary  suspension 
of  the  commerce  and  navigation  of  the  United  States.  It  is  true 
that  for  the  minor  outrages  committed,  under  the  pretext  of  the 
rule  of  war  of  1756,  the  citizens  of  every  denomination  had  de- 

*  See  the  Milan  decree  of  the  17th  of  December,  1807. 


CAUSES,  ETC.  OF   THE    WAR.  333 

manded  from  their  government,  in  the  year  1805,  protection  and 
redress ;  it  is  true  that  for  the  unparalleled  enormities  of  the 
year  180T  the  citizens  of  every  denomination  again  demanded 
from  their  government  protection  and  redress ;  but  it  is  also  a 
truth  conclusively  established  by  every  manifestation  of  the  sense 
of  the  American  "people,  as  well  as  of  their  government,  that  any 
honorable  means  of  protection  and  redress  were  preferred  to  the 
last  resort  of  arms.  The  American  government  might  honorably 
retire  for  a  time  from  the  scene  of  conflict  and  collision,  but  it 
could  no  longer  with  honor  permit  its  flag  to  be  insulted,  its 
citizens  to  be  enslaved,  and  its  property  to  be  plundered  on  the 
highway  of  nations. 

Under  these  impressions  the  restrictive  system  of  the  United 
States  was  introduced.  In  December,  1807,  an  embargo  was 
imposed  upon  all  American  vessels  and  merchandise,*  on  princi 
ples  similar  to  those  which  originated  arid  regulated  the  embargo 
law,  authorized  to  be  laid  by  the  President  of  the  United  States 
in  the  year  1794  ;  but  soon  afterwards,  in  the  genuine  spirit  of 
the  policy  that  prescribed  the  measure,  it  was  declared  by  law 
"  that,  in  the  event  of  such  peace,  or  suspension  of  hostilities, 
between  the  belligerent  powers  of  Europe,  or  such  changes  in 
their  measures  affecting  neutral  commerce  as  might  render  that 
of  the  United  States  safe,  in  the  judgment  of  the  President  of 
the  United  States,  he  was  authorized  to  suspend  the  embargo  in 
whole  or  in  part."f  The  pressure  of  the  embargo  was  thought, 
however,  so  severe  upon  every  part  of  the  community  that  the 
American  government,  notwithstanding  the  neutral  character  of 
the  measure,  determined  upon  some  relaxation;  and,  accordingly, 
the  embargo  being  raised  as  to  all  other  nations,  a  system  of  non- 
intercourse  and  non-importation  was  substituted  in  March,  1809, 
as  to  Great  Britain  and  France,  which  prohibited  all  voyages  to 
the  British  or  French  dominions,  and  all  trade  in  articles  of 
British  or  French  product  or  manufacture. J  But  still  adhering 
to  the  neutral  and  pacific  policy  of  the  government,  it  was  de 
clared  "that  the  President  of  the  United  States  should  be  author 
ized,  in  case  either  France  or  Great  Britain  should  so  revoke  or 
modify  her  edicts  as  that  they  should  cease  to  violate  the  neutral 
commerce  of  the  United  States,  to  declare  the  same  by  proclama 
tion  ;  after  which  the  trade  of  the  United  States  might  be  re 
newed  with  the  nation  so  doiug."§  These  appeals  to  the  justice 
and  the  interests  of  the  belligerent  powers  proving  ineffectual, 
and  the  necessities  of  the  country  increasing,  it  was  finally  re- 


*  See  the  act  of  Congress,  passed  the  22d  of  December,  1807. 
f  See  the  act  of  Congress,  passed  the  22d  of  April,  1808. 
J  See  the  act  of  Congress,  passed  the  1st  day  of  March,  1809. 
g  See  the  llth  section  of  the  last-cited  act  of  Congress. 


334  APPENDICES. 

solved  by  the  American  government  to  take  the  hazards  of  a 
war;  to  revoke  its  restrictive  system;  and  to  exclude  British 
and  French  armed  vessels  from  the  harbors  and  waters  of  the 
United  States;  but,  again,  emphatically  to  announce  "that  in 
case  either  Great  Britain  or  France  should,  before  the  3d  of 
March,  1811,  so  revoke  or  modify  her  edicts  as  that  they  should 
cease  to  violate  the  neutral  commerce  of  the  United  States,  and 
if  the  other  nation  should  not,  within  three  months  thereafter,  so 
revoke  or  modify  her  edicts  in  like  manner, "the  provisions  of  the 
non-intercourse  and  non-importation  law  should,  at  the  expiration 
of  three  months,  be  revived  against  the  nation  refusing,  or 
neglecting,  to  revoke  or  modify  its  edict.* 

In  the  course  which  the  American  government  had  hitherto 
pursued  relative  to  the  belligerent  orders  and  decrees,  the  candid 
foreigner,  as  well  as  the  patriotic  citizen,  may  perceive  an  ex 
treme  solicitude  for  the  preservation  of  peace ;  but,  in  the  pub 
licity  and  impartiality  of  the  overture  that  was  thus  spread  before 
the  belligerent  powers,  it  is  impossible  that  any  indication  should 
be  found  of  foreign  influence  or  control.  The  overture  was  urged 
upon  both  nations  for  acceptance,  at  the  same  time  and  in  the 
same  manner ;  nor  was  an  intimation  withheld  from  either  of 
them  that  "  it  might  be  regarded,  by  the  belligerent  first  accepting 
it,  as  a  promise  to  itself  and  a  warning  to  its  enemy. "f  Each 
of  the  nations,  from  the  commencement  of  the  retaliatory  system, 
acknowledged  that  its  measures  were  violations  of  public  law; 
and  each  pledged  itself  to  retract  them  whenever  the  other  should 
set  the  example. J  Although  the  American  government,  there 
fore,  persisted  in  its  remonstrances  against  the  original  trans 
gressions,  without  regard  to  the  question  of  their  priority,  it 
embraced  with  eagerness  every  hope  of  reconciling  the  interests 
of  the  rival  powers,  with  a  performance  of  the  duty  which  they 
owed  to  the  neutral  character  of  the  United  States  ;  and  when 
the  British  minister,  residing  at  Washington,  in  the  year  1809, 
affirmed,  in  terms  as  plain  and  as  positive  as  language  could 
supply,  "  that  he  was  authorized  to  declare  that  his  Britannic 
Majesty's  orders  in  council  of  January  and  November,  1807,  will 
have  been  withdrawn,  as  respects  the  United  States,  on  the  10th 
day  of  June,  1809, "the  President  of  the  United  States  hastened, 
with  approved  liberality,  to  accept  the  declaration  as  conclusive 
evidence  that  the  promised  fact  would  exist  at  the  stipulated 
period  ;  and,  by  an  immediate  proclamation,  he  announced  "that 


*  See  the  act  of  Congress,  passed  the  1st  of  May,  1810. 

f  See  the  correspondence  between  the  Secretary  of  State  and  the  Ameri 
can  ministers  at  London  and  Paris. 

%  See  the  documents  laid  before  Congress  from  time  to  time  by  the 
President,  and  printed. 


CAUSES,  ETC.  OF   THE   WAR.  335 

after  the  10th  day  of  June  next  the  trade  of  the  United  States 
with  Great  Britain,  as  suspended  by  the  non-intercourse  law,  and 
by  the  acts  of  Congress  laying  and  enforcing  an  embargo,  might 
be  renewed."*  The  American  government  neither  asked,  nor 
received,  from  the  British  minister,  an  exemplification  of  his 
powers,  an  inspection  of  his  instructions,  nor  the  solemnity  of  an 
order  in  council ;  but  executed  the  compact,  on  the  part  of  the 
United  States,  in  all  the  sincerity  of  its  own  intentions,  and  in 
all  the  confidence  which  the  official  act  of  the  representative  of 
his  Britannic  Majesty  was  calculated  to  inspire.  The  act,  and 
the  authority  for  the  act,  were,  however,  disavowed  by  Great 
Britain ;  and  an  attempt  was  made  by  the  successor  of  Mr. 
Erskine,  through  the  aid  of  insinuations,  which  were  indignantly 
repulsed,  to  justify  the  British  rejection  of  the  treaty  of  1809,  by 
referring  to  the  American  rejection  of  the  treaty  of  1806;  for 
getful  of  the  essential  points  of  difference,  that  the  British  govern 
ment,  on  the  former  occasion,  had  been  explicitly  apprised  by  the 
American  negotiators  of  their  defect  of  power,  and  that  the 
execution  of  the  projected  treaty  had  not,  on  either  side,  been 
commenced. f 

After  this  abortive  attempt  to  obtain  a  just  and  honorable 
revocation  of  the  British  orders  in  council,  the  United  States 
were  again  invited  to  indulge  the  hope  of  safety  and  tranquillity, 
when  the  minister  of  France  announced  to  the  American  minis 
ter  at  Paris  that,  in  consideration  of  the  act  of  the  1st  of  May, 
1809,  by  which  the  Congress  of  the  United  States  "engaged  to 
oppose  itself  to  that  one  of  the  belligerent  powers  which  should 
refuse  to  acknowledge  the  rights  of  neutrals,  he  was  authorized 
to  declare  that  the  decrees  of  Berlin  and  Milan  were  revoked, 
and  that  after  the  1st  of  November,  1810,  they  would  cease  to 
have  effect ;  it  being  understood  that,  in  consequence  of  that 
declaration,  the  English  should  revoke  their  orders  in  council, 
and  renounce  the  new  principles  of  blockade,  which  they  had 
wished  to  establish,  or  that  the  United  States,  conformably  to 
the  act  of  Congress,  should  cause  their  rights  to  be  respected  by 
the  English. "J  This  declaration,  delivered  by  the  official  organ 
of  the  government  of  France,  and  in  the  presence,  as  it  were,  of 
the  French  sovereign,  was  of  the  highest  authority  according  to 
all  the  rules  of  diplomatic  intercourse  ;  and  certainly  far  sur 
passed  any  claim  of  credence  which  was  possessed  by  the  British 

*  See  the  correspondence  between  Mr.  Erskine,  the  British  minister, 
and  the  Secretary  of  State,  on  the  17th,  18th,  and  19th  of  April,  1809, 
and  the  President's  proclamation  of  the  last  date. 

f  See  the  correspondence  between  the  Secretary  of  State  and  Mr.  Jack 
son,  the  British  minister. 

J  See  the  Duke  de  Cadore's  letter  to  Mr.  Armstrong,  dated  the  5th  of 
August,  1810. 


336  APPENDICES. 

minister  residing  at  Washington,  when  the  arrangement  of  the 
year  1809  was  accepted  and  executed  by  the  American  govern 
ment.  The  President  of  the  United  States,  therefore,  owed  to 
the  consistency  of  his  own  character,  and  to  the  dictates  of  a 
sincere  impartiality,  a  prompt  acceptance  of  the  French  overture; 
and,  accordingly,  the  authoritative  promise  that  the  fact  should 
exist,  at  the  stipulated  period,  being  again  admitted  as  conclusive 
evidence  of  its  existence,  a  proclamation  was  issued  on  the  2d 
of  November,  1810,  announcing  "that  the  edicts  of  France  had 
been  so  revoked  as  that  they  ceased,  on  the  first  day  of  the  same 
month,  to  violate  the  neutral  commerce  of  the  United  States,  and 
that  all  the  restrictions,  imposed  by  the  act  of  Congress,  should 
then  cease  and  be  discontinued  in  relation  to  France  and  her  de 
pendencies."*  That  France,  from  this  epoch,  refrained  from  all 
aggressions  on  the  high  seas,  or  even  in  her  own  ports,  upon  the 
persons  and  the  property  of  the  citizens  of  the  United  States 
never  was  asserted ;  but,  on  the  contrary,  her  violence  and  her 
spoliations  have  been  unceasing  causes  of  complaint.  These 
subsequent  injuries,  constituting  a  part  of  the  existing  reclama 
tions  of  the  United  States,  were  always,  however,  disavowed  by 
the  French  government;  whilst  the  repeal  of  the  Berlin  and 
Milan  decree  has,  on  every  occasion,  been  affirmed,  insomuch 
that  Great  Britain  herself  was,  at  last,  compelled  to  yield  to  the 
evidence  of  the  fact. 

On  the  expiration  of  three  months  from  the  date  of  the  Presi 
dent's  proclamation  the  non-intercourse  and  non-importation  law 
was,  of  course,  to  be  revived  against  Great  Britain,  unless,  dur 
ing  that  period,  her  orders  in  council  should  be  revoked.  The 
subject  was,  therefore,  most  anxiously  and  most  steadily  pressed 
upon  the  justice  and  the  magnanimity  of  the  British  government ; 
and  even  when  the  hope  of  success  expired  by  the  lapse  of  the 
period  prescribed  in  one  act  of  Congress,  the  United  States 
opened  the  door  of  reconciliation  by  another  act,  which,  in  the 
year  1811,  again  provided,  that  in  case  at  any  time  "Great 
Britain  should  so  revoke  or  modify  her  edicts  as  that  they  shall 
cease  to  violate  the  neutral  commerce  of  the  United  States,  the 
President  of  the  United  States  should  declare  the  fact  by  procla 
mation;  and  that  the  restrictions  previously  imposed  should, 
from  the  date  of  such  proclamation,  cease  and  be  discontinued."f 
But,  unhappily,  every  appeal  to  the  justice  and  magnanimity  of 
Great  Britain  was  now,  as  heretofore,  fruitless  and  forlorn. 
She  had,  at  this  epoch,  impressed  from  the  crews  of  American 
merchant  vessels,  peaceably  navigating  the  high  seas,  not  less 
than  six  thousand  mariners  who  claimed  to  be  citizens  of  the 


*  See  the  President's  proclamation  of  the  2d  of  November,  1810. 
f  See  the  act  of  Congress,  passed  the  2d  of  March,  1811. 


CAUSES,  ETC.  OF   THE   WAR.  337 

United  States,  and  who  were  denied  all  opportunity  to  verify 
their  claims.  She  had  seized  and  confiscated  the  commercial 
property  of  American  citizens  to  an  incalculable  amount.  She 
had  united  in  the  enormities  of  France  to  declare  a  great  propor 
tion  of  the  terraqueous  globe  in  a  state  of  blockade,  chasing  the 
American  merchant  flag  effectually  from  the  ocean.  She  had 
contemptuously  disregarded  the  neutrality  of  the  American  terri 
tory,  and  the  jurisdiction  of  the  American  laws,  within  the  waters 
and  harbors  of  the  United  States.  She  was  enjoying  the  emolu 
ments  of  a  surreptitious  trade,  stained  with  every  species  of  fraud 
and  corruption,  which  gave  to  the  belligerent  powers  the  advan 
tages  of  peace,  while  the  neutral  powers  were  involved  in  the 
evils  of  war.  She  had,  in  short,  usurped  and  exercised,  on  the 
water,  a  tyranny  similar  to  that  which  her  great  antagonist  had 
usurped  and  exercised  upon  the  land.  And,  amidst  all  these 
proofs  of  ambition  and  avarice,  she  demanded  that  the  victims 
of  her  usurpations  and  her  violence  should  revere  her  as  the  sole 
defender  of  the  rights  and  liberties  of  mankind. 

When,  therefore,  Great  Britain,  in  manifest  violation  of  her 
solemn  promises,  refused  to  follow  the  example  of  France  by  the 
repeal  of  her  orders  in  council,  the  American  government  was 
compelled  to  contemplate  a  resort  to  arms  as  the  only  remaining 
course  to  be  pursued  for  its  honor,  its  independence,  and  its 
safety.  Whatever  depended  upon  the  United  States  themselves 
the  United  States  had  performed  for  the  preservation  of  peace, 
in  resistance  of  the  French  decrees  as  well  as  of  the  British 
orders.  What  had  been  required  from  France  in  its  relation  to 
the  neutral  character  of  the  United  States,  France  had  performed 
by  the  revocation  of  its  Berlin  and  Milan  decrees.  But  what 
depended  upon  Great  Britain  for  the  purposes  of  justice  in  the 
repeal  of  her  orders  in  council,  was  withheld,  and  new  evasions 
were  sought  when  the  old  were  exhausted.  It  was  at  one  time 
alleged  that  satisfactory  proof  was  not  afforded  that  France  had 
repealed  her  decrees  against  the  commerce  of  the  United  States  ; 
as  if  such  proof  alone  were  wanting  to  insure  the  performance 
of  the  British  promise.*  At  another  time  it  was  insisted  that 
the  repeal  of  the  French  decrees,  in  their  operation  against  the 
United  States  in  order  to  authorize  a  demand  for  the  performance 
of  the  British  promise,  must  be  total,  applying  equally  to  their 
internal  and  their  external  effects ;  as  if  the  United  States  had 
either  the  right  or  the  power  to  impose  upon  France  the  law  of 
her  domestic  institutions.!  And  it  was  finally  insisted,  in  a 
despatch  from  Lord  Castlereagh  to  the  British  minister  residing 
at  Washington,  in  the  year  1812,  which  was  officially  comniuni- 

*  See  the  correspondence  between  Mr.  Pinkney  and  the  British  gov 
ernment. 
f  See  the  letters  of  Mr.  Erskine. 


338  APPENDICES. 

cated  to  the  American  government,  "  that  the  decrees  of  Berlin 
and  Milan  must  not  be  repealed  singly  and  specially  in  relation 
to  the  United  States,  but  must  be  repealed,  also,  as  to  all  other 
neutral  nations;  and  that  in  no  less  extent  of  a  repeal  of  the 
French  decrees  had  the  British  government  ever  pledged  itself 
to  repeal  the  orders  in  council  ;"*  as  if  it  were  incumbent  on  the 
United  States  not  only  to  assert  her  own  rights,  but  to  become 
the  coadjutor  of  the  British  government  in  a  gratuitous  assertion 
of  the  rights  of  all  other  nations. 

The  Congress  of  the  United  States  could  pause  no  longer. 
Under  a  deep  and  afflicting  sense  of  the  national  wrongs  and  the 
national  resentments,  while  they  "  postponed  definite  measures 
with  respect  to  France  in  the  expectation  that  the  result  of  un 
closed  discussions  between  the  American  minister  at  Paris  and 
the  French  government  would  speedily  enable  them  to  decide 
with  greater  advantage  on  the  course  due  to  the  rights,  the  in 
terests,  and  the  honor  of  the  country, "f  they  pronounced  a  delib 
erate  and  solemn  declaration  of  war  between  Great  Britain  and 
the  United  States  on  the  18th  of  June,  1812. 

But  it  is  in  the  face  of  all  the  facts  which  have  been  dis 
played  in  the  present  narrative  that  the  prince  regent,  by  his 
declaration  of  January,  1813,  describes  the  United  States  as  the 
aggressor  in  the  war.  If  the  act  of  declaring  war  constitutes  in 
all  cases  the  act 'of  original  aggression,  the  United  States  must 
submit  to  the  severity  of  the  reproach  ;  but  if  the  act  of  declaring 
war  may  be  more  truly  considered  as  the  result  of  long  suffering 
and  necessary  self-defence,  the  American  government  will  stand 
acquitted  in  the  sight  of  Heaven  and  of  the  world.  Have  the 
United  States,  then,  enslaved  the  subjects,  confiscated  the  prop 
erty,  prostrated  the  commerce,  insulted  the  flag,  or  violated  the 
territorial  sovereignty  of  Great  Britain?  No;  but  in  all  these 
respects  the  United  States  had  suffered  for  a  long  period  of  years 
previously  to  the  declaration  of  war  the  contumely  and  outrage  of 
the  British  government.  It  has  been  said,  too,  as  an  aggravation 
of  the  imputed  aggression,  that  the  United  States  chose  a  period 
for  their  declaration  of  war  when  Great  Britain  was  struggling 
for  her  own  existence  against  a  power  which  threatened  to  over 
throw  the  independence  of  all  Europe ;  but  it  might  be  more 
truly  said  that  the  United  States,  not  acting  upon  choice  but 
upon  compulsion,  delayed  the  declaration  of  war  until  the  per 
secutions  of  Great  Britain  had  rendered  further  delay  destructive 
and  disgraceful.  Great  Britain  had  converted  the  commercial 

*  See  the  correspondence  between  the  Secretary  of  State  and  Mr.  Fos 
ter,  the  British  minister,  in  June,  1812. 

f  See  the  President's  message  of  the  1st  of  June,  1812,  and  the  report 
of  the  Committee  of  Foreign  Relations,  to  whom  the  message  was  re 
ferred. 


CAUSES,  ETC.  OF   THE   WAR.  339 

scenes  of  American  opulence  and  prosperity  into  scenes  of  com 
parative  poverty  and  distress ;  she  had  brought  the  existence  of 
the  United  States  as  an  independent  nation  into  question  ;  and 
surely  it  must  have  been  indifferent  to  the  United  States  whether 
they  ceased  to  exist  as  an  independent  nation  by  her  conduct 
while  she  professed  friendship  or  by  her  conduct  when  she  avowed 
enmity  and  revenge.  Nor  is  it  true  that  the  existence  of  Great 
Britain  was  in  danger  at  the  epoch  of  the  declaration  of  war. 
The  American  government  uniformly  entertained  an  opposite 
opinion;  and  at  all  times  saw  more  to  apprehend  for  the  United 
States  from  her  maritime  power  than  from  the  territorial  power 
of  her  enemy.  The  event  has  justified  the  opinion  and  the  ap 
prehension.  But  what  the  United  States  asked  as  essential  to 
their  welfare  and  even  as  beneficial  to  the  allies  of  Great  Britain 
in  the  European  war,  Great  Britain,  it  is  manifest,  might  have 
granted  without  impairing  the  resources  of  her  own  strength  or 
the  splendor  of  her  own  sovereignty,  for  her  orders  in  council 
have  been  since  revoked ;  not,  it  is  true,  as  the  performance  of 
her  promise  to  follow  in  this  respect  the  example  of  France,  since 
she  finally  rested  the  obligation  of  that  promise  upon  a  repeal 
of  the  French  decrees  as  to  all  nations,  and  the  repeal  was  only 
as  to  the  United  States ;  nor  as  an  act  of  national  justice  towards 
the  United  States,  but  simply  as  an  act  of  domestic  policy  for 
the  special  advantage  of  her  own  people. 

The  British  government  has  also  described  the  war  as  a  war 
of  aggrandizement  and  conquest  on  the  part  of  the  United  States ; 
but  where  is  the  foundation  for  the  charge  ?  While  the  American 
government  employed  every  means  to  dissuade  the  Indians,  even 
those  who  lived  within  the  territory  and  were  supplied  by  the 
bounty  of  the  United  States,  from  taking  any  part  in  the  war,* 
the  proofs  were  irresistible  that  the  enemy  pursued  a  very  dif 
ferent  course, f  and  that  every  precaution  would  be  necessary  to 
prevent  the  effects  of  an  offensive  alliance  between  the  British 
troops  and  the  savages  throughout  the  northern  frontier  of  the 
United  States.  The  military  occupation  of  Upper  Canada  was, 
therefore,  deemed  indispensable  to  the  safety  of  that  frontier  in 
the  earliest  movements  of  the  war,  independent  of  all  views  of 
extending  the  territorial  boundary  of  the  United  States.  But 
when  war  was  declared  in  resentment  for  injuries  which  had  been 
suffered  upon  the  Atlantic,  what  principle  of  public  law,  what 
modification  of  civilized  warfare,  imposed  upon  the  United  States 
the  duty  of  abstaining  from  the  invasion  of  the  Canadas?  It 

*  See  the  proceedings  at  the  councils  held  with  the  Indians  during  the 
expedition  under  Brigadier-General  Hull,  and  the  talk  delivered  by  the 
President  of  the  United  States  to  the  Six  Nations  at  Washington,  on  the 
8th  of  April,  1813. 

f  See  the  documents  laid  before  Congress  on  the  13th  of  June,  1812. 


340  APPENDICES. 

was  there  alone  that  the  United  States  could  place  themselves 
upon  an  equal  footing  of  military  force  with  Great  Britain  ;  and 
it  was  there  that  they  might  reasonably  encourage  the  hope  of 
being  able,  in  the  prosecution  of  a  lawful  retaliation,  "to  restrain 
the  violence  of  the  enemy  and  to  retort  upon  him  the  evils  of  his 
own  injustice."  The  proclamations  issued  by  the  American  com 
manders  on  entering  Upper  Canada  have,  however,  been  adduced 
by  the  British  negotiators  at  Ghent  as  the  proofs  of  a  spirit  of 
ambition  and  aggrandizement  on  the  part  of  their  government. 
In  truth,  the  proclamations  were  not  only  unauthorized  and  dis 
approved,  but  were  infractions  of  the  positive  instructions  which 
had  been  given  for  the  conduct  of  the  war  in  Canada.  When 
the  general  commanding  the  northwestern  army  of  the  United 
States  received,  on  the  24th  of  June,  1812,  his  first  authority  to 
commence  offensive  operations,  he  was  especially  told  that  "  he 
must  not  consider  himself  authorized  to  pledge  the  government 
to  the  inhabitants  of  Canada  further  than  assurances  of  protec 
tion  in  their  persons,  property,  and  rights."  And  on  the  ensuing 
1st  of  August  it  was  emphatically  declared  to  him  "  that  it  had 
become  necessary  that  he  should  not  lose  sight  of  the  instructions 
of  the  24th  of  June,  as  any  pledge  beyond  that  was  incompati 
ble  with  the  views  of  the  government."*  Such  was  the  nature 
of  the  charge  of  American  ambition  and  aggrandizement,  and 
such  the  evidence  to  support  it. 

The  prince  regent  has,  however,  endeavored  to  add  to  these 
unfounded  accusations  a  stigma  at  which  the  pride  of  the  Amer 
ican  government  revolts.  Listening  to  the  fabrications  of  British 
emissaries,  gathering  scandals  from  the  abuses  of  a  free  press, 
and  misled,  perhaps,  by  the  asperities  of  a  party  spirit  common 
to  all  free  governments,  he  affects  to  trace  the  origin  of  the  war 
to  "  a  marked  partiality  in  palliating  and  assisting  the  aggressive 
tyranny  of  France,"  and  "  to  the  prevalence  of  such  councils  as 
associated  the  United  States  in  policy  with  the  government  of 
that  nation."f  The  conduct  of  the  American  government  is  now 
open  to  every  scrutiny,  and  its  vindication  is  inseparable  from  a 
knowledge  of  the  facts.  All  the  world  must  be  sensible,  indeed, 
that  neither  in  the  general  policy  of  the  late  ruler  of  France  nor 
in  his  particular  treatment  of  the  United  States,  could  there  exist 
any  political  or  rational  foundation  for  the  sympathies  and  asso 
ciations,  overt  or  clandestine,  which  have  been  rudely  and  un 
fairly  suggested.  It  is  equally  obvious  that  nothing  short  of  the 
aggressive  tyranny  exercised  by  Great  Britain  towards  the  United 
States  could  have  counteracted  and  controlled  those  tendencies 


*  See  the  letter  from  the  Secretary  of  the  War  Department  to  Briga 
dier-General  Hull,  dated  the  24th  of  June  and  the  1st  of  August,  1812. 
f  See  the  British  declaration  of  the  10th  of  January,  1813. 


CAUSES,  ETC.  OF   THE   WAE.  341 

to  peace  and  amity  which  derived  their  impulse  from  natural 
and  social  causes,  combining  the  affections  and  interests  of  the 
two  nations.  The  American  government,  faithful  to  that  prin 
ciple  of  public  law  which  acknowledges  the  authority  of  all  gov 
ernments  established  de  facto,  and  conforming  its  practice  in  this 
respect  to  the  example  of  Europe,  has  never  contested  the  validity 
of  the  governments  successively  established  in  France,  nor  re 
frained  from  that  intercourse  with  either  of  them  which  the  just 
interests  of  the  United  States  required.  But  the  British  cabinet 
is  challenged  to  produce,  from  the  recesses  of  its  secret  or  of  its 
public  archives,  a  single  instance  of  unworthy  concessions  or  of 
political  alliance  and  combination  throughout  the  intercourse  of 
the  United  States  with  the  revolutionary  rulers  of  France.  Was 
it  the  influence  of  French  councils  that  induced  the  American 
government  to  resist  the  pretensions  of  France  in  1793,  and  to 
encounter  her  hostilities  in  1798  ?  that  led  to  the  ratification  of 
the  British  treaty  in  1795?  to  the  British  negotiation  in  1805, 
and  to  the  convention  with  the  British  minister  in  1809  ?  that 
dictated  the  impartial  overtures  which  were  made  to  Great  Brit 
ain  as  well  as  to  France  during  the  whole  period  of  the  restrict 
ive  system  ?  that  produced  the  determination  to  avoid  making 
any  treaty,  even  a  treaty  of  commerce,  with  France  until  the 
outrage  of  the  Rambouillet  decree  was  repaired  ?*  that  sanc 
tioned  the  repeated  and  urgent  efforts  of  the  American  govern 
ment  to  put  an  end  to  the  war  almost  as  soon  as  it  was  declared  ? 
or  that,  finally,  prompted  the  explicit  communication  which,  in 
pursuance  of  instructions,  was  made  by  the  American  minister 
at  St.  Petersburg  to  the  court  of  Russia,  stating  "  that  the  prin 
cipal  subjects  of  discussion  which  had  long  been  subsisting  be 
tween  the  United  States  and  France  remained  unsettled  ;  that 
there  was  no  immediate  prospect  that  there  would  be  a  satisfac 
tory  settlement  of  them  ;  but  that  whatever  the  event  in  that 
respect  might  be,  it  was  not  the  intention  of  the  government  of 
the  United  States  to  enter  into  any  more  intimate  connexions 
with  France ;  that  the  government  of  the  United  States  did  not 
anticipate  any  event  whatever  that  could  produce  that  effect;  and 
that  the  American  minister  was  the  more  happy  to  find  himself 
authorized  by  his  government  to  avow  this  intention,  as  different 
representations  of  their  views  had  been  widely  circulated  as  well 
in  Europe  as  in  America. "•(•  But,  while  every  act  of  the  Amer 
ican  government  thus  falsifies  the  charge  of  a  subserviency  to 


*  See  the  instructions  from  the  Secretary  of  State  to  the  American 
minister  at  Paris,  dated  the  29th  of  May,  1813. 

f  See  Mr.  Monroe's  letter  to  Mr.  Adams,  dated  the  1st  of  July,  1812, 
and  Mr.  Adams's  letter  to  Mr.  Monroe,  dated  the  llth  of  December, 
1812. 


342  APPENDICES. 

the  policy  of  France,  it  may  be  justly  remarked,  that  of  all  the 
governments  maintaining  a  necessary  relation  and  intercourse 
with  that  nation  from  the  commencement  to  the  recent  termi 
nation  of  the  revolutionary  establishments,  it  has  happened  that 
the  government  of  the  United  States  has  least  exhibited  marks 
of  condescension  and  concession  to  the  successive  rulers.  It  is 
for  Great  Britain,  more  particularly  as  an  accuser,  to  examine 
and  explain  the  consistency  of  the  reproaches  which  she  has 
uttered  against  the  United  States  with  the  course  of  her  own 
conduct ;  with  her  repeated  negotiations  during  the  republican 
as  well  as  during  the  imperial  sway  of  France  ;  with  her  solici 
tude  to  make  and  to  propose  treaties;  with  her  interchange  of 
commercial  benefits  so  irreconcilable  to  a  state  of  war  ;  with  the 
almost  triumphant  entry  of  a  French  ambassador  into  her  capi 
tal  amidst  the  acclamations  of  the  populace  ;  and  with  the  prose 
cution  instituted,  by  the  orders  of  the  king  of  Great  Britain 
himself  in  the  highest  court  of  criminal  jurisdiction  in  his  king 
dom,  to  punish  the  printer  of  a  gazette  for  publishing  a  libel  on 
the  conduct  and  character  of  the  late  ruler  of  France  !  What 
ever  may  be  the  source  of  these  symptoms,  however  they  may 
indicate  a  subservient  policy,  such  symptoms  have  never  occurred 
in  the  United  States  throughout  the  imperial  government  of 
France. 

The  conduct  of  the  United  States,  from  the  moment  of  de 
claring  the  war,  will  serve,  as  well  as  their  previous  conduct,  to 
rescue  them  from  the  unjust  reproaches  of  Great  Britain.  When 
war  was  declared,  the  orders  in  council  had  been  maintained, 
with  inexorable  hostility,  until  a  thousand  American  vessels  and 
their  cargoes  had  been  seized  and  confiscated  under  their  opera 
tion  ;  the  British  minister  at  Washington  had,  with  peculiar 
solemnity,  announced  that  the  orders  would  not  be  repealed  but 
upon  conditions  which  the  American  government  had  not  the 
right  nor  the  power  to  fulfil  ;  and  the  European  war,  which  had 
raged  with  little  intermission  for  twenty  years,  threatened  an  in 
definite  continuance.  Under  these  circumstances,  a  repeal  of  the 
orders,  and  a  cessation  of  the  injuries  which  they  produced,  were 
events  beyond  all  rational  anticipation.  It  appears,  however, 
that  the  orders,  under  the  influence  of  a  parliamentary  inquiry 
into  their  effects  upon  the  trade  and  manufactures  of  Great 
Britain,  were  provisionally  repealed  on  the  23d  of  June,  1812,  a 
few  days  subsequent  to  the  American  declaration  of  war.  If 
this  repeal  had  been  made  known  to  the  United  States  before 
their  resort  to  arms,  the  repeal  would  have  arrested  it ;  and  that 
cause  of  war  being  removed,  the  other  essential  cause,  the  prac 
tice  of  impressment,  would  have  been  the  subject  of  renewed 
negotiation,  under  the  auspicious  influence  of  a  partial  yet  im 
portant  act  of  '•o'"^  "illation.  But  the  declaration  of  war  hav- 


CAUSES,  ETC.  OF   THE   WAR.  343 

ing  announced  the  practice  of  impressment  as  a  principal  cause, 
peace  could  only  be  the  result  of  an  express  abandonment  of  the 
practice,  of  a  suspension  of  the  practice  for  the  purposes  of  nego 
tiation,  or  of  a  cessation  of  actual  sufferance  in  consequence  of  a 
pacification  in  Europe,  which  would  deprive  Great  Britain  of 
every  motive  for  continuing  the  practice. 

Hence,  when  early  intimations  were  given,  from  Halifax  and 
from  Canada,  of  a  disposition  on  the  part  of  the  local  authorities 
to  enter  into  an  armistice,  the  power  of  those  authorities  was 
so  doubtful,  the  objects  of  the  armistice  were  so  limited,  and  the 
immediate  advantages  of  the  measure  were  so  entirely  on  the 
side  of  the  enemy  that  the  American  government  could  not  con 
sistently  with  its  duty  embrace  the  propositions.*  But  some 
hope  of  an  amicable  adjustment  was  inspired  when  a  communi 
cation  was  received  from  Admiral  Warren,  in  September,  1812, 
stating  that  he  was  commanded  by  his  government  to  propose, 
on  the  one  hand,  "  that  the  government  of  the  United  States 
should  instantly  recall  their  letters  of  marque  and  reprisal  against 
British  ships,  together  with  all  orders  and  instructions  for  any 
acts  of  hostility  whatever  against  the  territories  of  his  Majesty 
or  the  persons  or  property  of  his  subjects,"  and  to  promise,  on 
the  other  hand,  if  the  American  government  acquiesced  in  the 
preceding  proposition,  that  instructions  should  be  issued  to  the 
British  squadrons  to  discontinue  hostilities  against  the  United 
States  and  their  citizens.  This  overture,  however,  was  subject 
to  a  further  qualification,  "that  should  the  American  govern 
ment  accede  to  the  proposal  for  terminating  hostilities,  the 
British  admiral  was  authorized  to  arrange  with  the  American 
government  as  to  the  revocation  of  the  laws  which  interdict  the 
commerce  and  ships  of  war  of  Great  Britain  from  the  harbors 
and  waters  of  the  United  States ;  but  that  in  default  of  such 
revocation  within  the  reasonable  period  to  be  agreed  upon,  the 
orders  in  council  would  be  revived. "f  The  American  govern 
ment  at  once  expressed  a  disposition  to  embrace  the  general 
proposition  for  a  cessation  of  hostilities  with  a  view  to  negotia 
tion;  declared  that  no  peace  could  be  durable  unless  the  essen 
tial  object  of  impressment  was  adjusted ;  and  offered  as  a  basis 
of  the  adjustment,  to  prohibit  the  employment  of  British  sub 
jects  in  the  naval  or  commercial  service  of  the  United  States ; 
but,  adhering  to  its  determination  of  obtaining  a  relief  from 

*  See  the  letters  from  the  Department  of  Stale  to  Mr.  Kussell,  dated 
9th  and  10th  August,  1812,  and  Mr.  Graham's  memorandum  of  a  con 
versation  with  Mr.  Baker,  the  British  Secretary  of  Legation,  inclosed  in 
the  last  letter.  See,  also,  Mr.  Monroe's  letter  to  Mr.  Russell,  dated  the 
21st  of  August,  1812. 

f  See  the  letter  of  Admiral  Warren  to  the  Secretary  of  State,  dated 
at  Halifax,  the  20th  of  September,  1812. 


344  APPENDICES. 

actual  sufferance,  the  suspension  of  the  practice  of  impressment 
pending  the  proposed  armistice,  was  deemed  a  necessary  conse 
quence  ;  for  "  it  could  not  be  presumed,  while  the  parties  were 
engaged  in  a  negotiation  to  adjust  amicably  this  important  differ 
ence,  that  the  United  States  would  admit  the  right,  or  acquiesce 
in  the  practice  of  the  opposite  party,  or  that  Great  Britain  would 
be  unwilling  to  restrain  her  cruisers  from  a  practice  which  would 
have  the  strongest  effect  to  defeat  the  negotiation."*  So  just, 
so  reasonable,  so  indispensable,  a  preliminary,  without  which 
the  citizens  of  the  United  States  navigating  the  high  seas  would 
not  be  placed  by  the  armistice  on  an  equal  footing  with  the  sub 
jects  of  Great  Britain,  Admiral  Warren  was  not  authorized  to 
accept;  and  the  effort  at  an  amicable  adjustment,  through  that 
channel,  was  necessarily  abortive. 

But  long  before  the  overture  of  the  British  admiral  was  made 
(a  few  days,  indeed,  after  the  declaration  of  war),  the  reluctance 
with  which  the  United  States  had  resorted  to  arms  was  mani 
fested  by  the  steps  taken  to  arrest  the  progress  of  hostilities  arid 
to  hasten  a  restoration  of  peace.  On  the  26th  of  June,  1812, 
the  American  charge  d'affaires  at  London  was  instructed  to  make 
the  proposal  of  an  armistice  to  the  British  government,  which 
might  lead  to  an  adjustment  of  all  differences,  on  the  single  con 
dition,  in  the  event  of  the  orders  in  council  being  repealed,  that 
instructions  should  be  issued  suspending  the  practice  of  impress 
ment  during  the  armistice.  This  proposal  was  soon  followed  by 
another  admitting,  instead  of  positive  instructions,  an  informal 
understanding  between  the  two  governments  on  the  subject. f 
But  both  of  these  proposals  were  unhappily  rejected. J  And 
when  a  third,  which  seemed  to  leave  no  plea  for  hesitation,  as  it 
required  no  other  preliminary  than  that  the  American  minister 
at  London  should  find  in  the  British  government  a  sincere  dis 
position  to  accommodate  the  difference,  relative  to  impressment, 
on  fair  conditions,  was  evaded,  it  was  obvious  that  neither  a 
desire  of  peace,  nor  a  spirit  of  conciliation,  influenced  the  coun 
cils  of  Great  Britain. 

Under  these  circumstances  the  American  government  had  no 
choice  but  to  invigorate  the  war ;  and  yet  it  has  never  lost  sight 
of  the  object  of  all  just  wars,  a  just  peace.  The  emperor  of 
Russia  having  offered  his  mediation  to  accomplish  that  object,  it 
was  instantly  and  cordially  accepted  by  the  American  govern- 

*  See  the  letter  of  Mr.  Monroe  to  Admiral  "Warren,  dated  the  27th  of 
October,  1812. 

f  See  the  letters  from  the  Secretary  of  State  to  Mr.  Russell,  dated  the 
26th  of  June  and  27th  of  July,  1812. 

J  See  the  correspondence  between  Mr.  Russell  and  Lord  Castlereagh, 
dated  August  and  September,  1812,  and  Mr.  Russell's  letters  to  the  Sec 
retary  of  State,  dated  September,  1812. 


CAUSES,  ETC.  OF   THE    WAR.  345 

ment;*  but  it  was  peremptorily  rejected  by  the  British  govern 
ment.  The  emperor,  in  his  benevolence,  repeated  his  invitation: 
the  British  government  again  rejected  it.  At  last,  however, 
Great  Britain,  sensible  of  the  reproach  to  which  such  conduct 
would  expose  her  throughout  Europe,  offered  to  the  American 
government  a  direct  negotiation  for  peace,  and  the  offer  was 
promptly  embraced ;  with  perfect  confidence  that  the  British 
government  would  be  equally  prompt  in  giving  effect  to  its  own 
proposal.  But  such  was  not  the  design,  or  the  course,  of  that 
government.  The  American  envoys  were  immediately  appointed, 
and  arrived  at  Gottenburg,  the  destined  scene  of  negotiation, 
on  the  llth  of  April,  1814,  as  soon  as  the  season  admitted.  The 
British  government,  though  regularly  informed  that  no  time 
would  be  lost  on  the  part  of  the  United  States,  suspended  the 
appointment  of  its  envoys  until  the  actual  arrival  of  the  Ameri 
can  envoys  should  be  formally  communicated.  This  pretension, 
however  novel  and  inauspicious,  was  not  permitted  to  obstruct 
the  path  to  peace.  The  British  government  next  proposed  to 
transfer  the  negotiation  from  Gottenburg  to  Ghent.  This 
change,  also,  notwithstanding  the  necessary  delay,  was  allowed. 
The  American  envoys,  arriving  at  Ghent  on  the  24th  of  June, 
remained  in  a  mortifying  state  of  suspense  and  expectation,  for 
the  arrival  of  the  British  envoys,  until  the  6th  of  August.  And 
from  the  period  of  opening  the  negotiations  to  the  date  of  the 
last  despatch  of  the  31st  of  October,  it  has  been  seen  that  the 
whole  of  the  diplomatic  skill  of  the  British  government  has  con 
sisted  in  consuming  time  without  approaching  any  conclusion. 
The  pacification  of  Paris  had  suddenly  and  unexpectedly  placed 
at  the  disposal  of  the  British  government  a  great  naval  and  mili 
tary  force  ;  the  pride  and  passions  of  the  nation  were  artfully 
excited  against  the  United  States  ;  and  a  war  of  desperate  and 
barbarous  character  was  planned  at  the  very  moment  that  the 
American  government,  finding  its  maritime  citizens  relieved  by 
the  course  of  events  from  actual  sufferance,  under  the  practice  of 
impressment,  had  authorized  its  envoys  to  waive  those  stipula 
tions  upon  the  subject,  which  might,  otherwise,  have  been  indis 
pensable  precautions. 

Hitherto  the  American  government  has  shown  the  justice  of 
its  cause,  its  respect  for  the  rights  of  other  nations,  and  its  in 
herent  love  of  peace.  But  the  scenes  of  the  war  will,  also, 
exhibit  a  striking  contrast  between  the  conduct  of  the  United 
States  and  the  conduct  of  Great  Britain.  The  same  insidious 
policy,  which  taught  the  prince  regent  to  describe  the  American 
government  as  the  aggressor  in  the  war,  has  induced  the  British 

*  See  the  correspondence  between  Mr.  Monroe  and  Mr.  DaschkofF,  in 
March,  1813. 

23 


346  APPENDICES. 

government  (clouding  the  daylight  truth  of  the  transaction)  to 
call  the  atrocities  of  the  British  fleets  and  armies  a  retaliation 
upon  the  example  of  the  American  troops  in  Canada.  The  United 
States  tender  a  solemn  appeal  to  the  civilized  world  against  the 
fabrication  of  such  a  charge  ;  and  they  vouch,  in  support  of  their 
appeal,  the  known  morals,  habits,  and  pursuits  of  their  people  ; 
the  character  of  their  civil  and  political  institutions;  and  the 
whole  career  of  their  navy  and  their  army,  as  humane  as  it  is 
brave.  Upon  what  pretext  did  the  British  admiral,  on  the  18th 
of  August,  1814,  announce  his  determination  "to  destroy  arid 
lay  waste  such  towns  and  districts  upon  the  coast  as  might  be 
found  assailable?"*  It  was  the  pretext  of  a  request  from  the 
governor-general  of  the  Canadas  for  aid  to  carry  into  effect 
measures  of  retaliation ;  while,  in  fact,  the  barbarous  nature  of 
the  war  had  been  deliberately  settled  and  prescribed  by  the  Brit 
ish  cabinet.  What  could  have  been  the  foundation  of  such  a 
request  ?  The  outrages  and  the  irregularities,  which  too  often 
occur  during  a  state  of  national  hostilities,  in  violation  of  the 
laws  of  civilized  warfare,  are  always  to  be  lamented,  disavowed, 
and  repaired  by  a  just  and  honorable  government;  but  if  dis 
avowal  be  made,  and  if  reparation  be  offered,  there  is  no  founda 
tion  for  retaliatory  violence.  "  Whatever  unauthorized  irregu 
larity  may  have  been  committed  by  any  of  the  troops  of  the 
United  States,  the  American  government  has  been  ready,  upon 
principles  of  sacred  and  eternal  obligation,  to  disavow,  and,  as 
far  as  it  might  be  practicable,  to  repair,  "f  In  every  known  in 
stance  (and  they  are  few)  the  offenders  have  been  subjected  to 
the  regular  investigation  of  a  military  tribunal;  and  an  officer, 
commanding  a  party  of  stragglers,  who  were  guilty  of  unworthy 
excesses,  was  immediately  dismissed,  without  the  form  of  a  trial, 
for  not  preventing  those  excesses.  The  destruction  of  the  village 
of  Newark,  adjacent  to  Fort  George,  on  the  10th  of  December, 
1813,  was  long  subsequent  to  the  pillage  and  conflagration  com 
mitted  on  the  shores  of  the  Chesapeake,  throughout  the  summer 
of  the  same  year,  and  might  fairly  have  been  alleged  as  a  retalia 
tion  for  those  outrages  ;  but,  in  fact,  it  was  justified  by  the  Ameri 
can  commander,  who  ordered  it,  on  the  ground  that  it  became 
necessary  to  the  military  operations  at  that  place  ;J  while  the 
American  government,  as  soon  as  it  heard  of  the  act,  on  the  6th 
of  January,  1814,  instructed  the  general  commanding  the  northern 


*  See  Admiral  Cochrane's  letter  to  Mr.  Monroe,  dated  the  18th  of 
Aucjust,  1814,  and  Mr.  Monroe's  answer  of  the  6th  Sept.  1814. 

f~See  the  letter  from  the  Secretary  at  War  to  Brigadier-General 
M'Lure,  dated  the  4th  of  October,  1813. 

J  General  M'Lure's  letter  to  the  Secretary  at  War,  dated  Dec.  10  and 
13,  1813. 


CAUSES,  ETC.  OF   THE   WAR.  347 

army,  "to  disavow  the  conduct  of  the  officer  who  committed  it; 
and  to  transmit  to  Governor  Prevost  a  copy  of  the  order  under 
color  of  which  that  officer  had  acted."*  This  disavowal  was 
accordingly  communicated;  and  on  the  10th  of  February,  1814, 
Governor  Prevost  answered,  "  that  it  had  been  with  great  satis 
faction  he  had  received  the  assurance  that  the  perpetration  of  the 
burning  of  the  town  of  Newark  was  both  unauthorized  by  the 
American  government  and  abhorrent  to  every  American  feeling; 
that  if  any  outrages  had  ensued  the  wanton  and  unjustifiable 
destruction  of  Newark,  passing  the  bounds  of  just  retaliation, 
they  were  to  be  attributed  to  the  influence  of  irritated  passions, 
on  the  part  of  the  unfortunate  sufferers  by  that  event,  which,  in 
a  state  of  active  warfare,  it  has  not  been  possible  altogether  to 
restrain  ;  and  that  it  was  as  little  congenial  to  the  disposition  of 
his  Majesty's  government  as  it  was  to  that  of  the  government 
of  the  United  States,  deliberately  to  adopt  any  plan  of  policy 
which  had  for  its  object  the  devastation  of  private  property. "f 
But  the  disavowal  of  the  American  government  was  not  the 
only  expiation  of  the  offence  committed  by  its  officer;  for  the 
British  government  assumed  the  province  of  redress  in  the  in 
dulgence  of  its  own  vengeance.  A  few  days  after  the  burning 
of  Newark,  the  British  and  Indian  troops  crossed  the  Niagara 
for  this  purpose  ;  they  surprised  and  seized  Fort  Niagara,  and 
put  its  garrison  to  the  sword ;  they  burnt  the  villages  of  Lewis- 
town,  Manchester,  Tuscarora,  Buffalo,  and  Black  Rock  ;  slaugh 
tering  and  abusing  the  unarmed  inhabitants ;  until,  in  short,  they 
had  laid  waste  the  whole  of  the  Niagara  frontier,  levelling  every 
house  and  every  hut,  and  dispersing,  beyond  the  means  of  shelter, 
in  the  extremity  of  the  winter,  the  male  and  the  female,  the  old 
and  the  young.  Sir  George  Prevost  himself  appears  to  have 
been  sated  with  the  ruin  and  the  havoc  which  had  been  thus  in 
flicted.  In  his  proclamation  of  the  12th  of  January,  1814,  he 
emphatically  declared,  that  for  the  burning  of  Newark  "the 
opportunity  of  punishment  had  occurred,  and  a  full  measure  of 
retaliation  had  taken  place  ;"  and  "  that  it  was  not  his  intention 
to  pursue  further  a  system  of  warfare  so  revolting  to  his  own 
feelings  and  so  little  congenial  to  the  British  character,  unless 
the  future  measures  of  the  enemy  should  compel  him  again  to 
resort  to  it."!  Nay,  with  his  answer  to  the  American  general, 
already  mentioned,  he  transmitted  "  a  copy  of  that  proclamation, 

*  See  the  letter  from  the  Secretary  at  "War  to  Major-General  Wilkin 
son,  dated  the  26th  of  January,  1814. 

f  See  the  letter  of  Major-General  Wilkinson  to  Sir  George  Prevost, 
dated  the  28th  of  January,  1814,  and  the  answer  of  Sir  George  Prevost, 
dated  the  10th  of  February,  1814. 

J  See  Sir  George  Prevost's  proclamation,  dated  at  Quebec,  the  12th  of 
January,  1814. 


348  APPENDICES. 

as  expressive  of  the  determination  as  to  his  future  line  of  con 
duct;"  and  added,  "that  he  was  happy  to  learn  that  there  was 
no  probability  that  any  measures  on  the  part  of  the  American 
government  would  oblige  him  to  depart  from  it."*  Where,  then, 
shall  we  search  for  the  foundation  of  the  call  upon  the  British 
admiral,  to  aid  the  governor  of  Canada  in  measures  of  retalia 
tion  ?  Great  Britain  forgot  the  principle  of  retaliation,  when  her 
orders  in  council  were  issued  against  the  unoffending  neutral,  in 
resentment  of  outrages  committed  by  her  enemy;  and,  surely, 
she  had  again  forgotten  the  same  principle,  when  she  threatened 
an  unceasing  violation  of  the  laws  of  civilized  warfare,  in  re 
taliation  for  injuries  which  never  existed,  or  which  the  American 
government  had  explicitly  disavowed,  or  which  had  been  already 
avenged  by  her  own  arms,  in  a  manner  and  a  degree  cruel  and 
unparalleled.  The  American  government,  after  all,  has  not  hesi 
tated  to  declare,  that  "for  the  reparation  of  injuries,  of  whatever 
nature  they  may  be,  not  sanctioned  by  the  law  of  nations,  which 
the  military  or  naval  force  of  either  power  might  have  committed 
against  the  other,  it  would  always  be  ready  to  enter  into  recipro 
cal  arrangements  ;  presuming  that  the  British  government  would 
neither  expect  nor  propose  any  which  were  not  reciprocal,  "f 

It  is  now,  however,  proper  to  examine  the  character  of  the 
warfare  which  Great  Britain  has  waged  against  the  United  States. 
In  Europe  it  has  already  been  marked,  with  astonishment  and 
indignation,  as  a  warfare  of  the  tomahawk,  the  scalping-knife, 
and  the  torch ;  as  a  warfare  incompatible  with  the  usages  of 
civilized  nations ;  as  a  wrarfare  that,  disclaiming  all  moral  in 
fluence,  inflicts  an  outrage  upon  social  order,  and  gives  a  shock 
to  the  very  elements  of  humanity.  All  belligerent  nations  can 
form  alliances  with  the  savage,  the  African,  and  the  bloodhound  ; 
but  what  civilized  nation  has  selected  these  auxiliaries  in  its  hos 
tilities  ?  It  does  not  require  the  fleets  and  armies  of  Great 
Britain  to  lay  waste  an  open  country,  to  burn  unfortified  towns 
or  unprotected  villages,  nor  to  plunder  the  merchant,  the  farmer, 
and  the  planter,  of  his  stores ;  these  exploits  may  easily  be 
achieved  by  a  single  cruiser  or  a  petty  privateer  ;  but  when  have 
such  exploits  been  performed  on  the  coasts  of  the  continent  of 
Europe  or  of  the  British  islands  by  the  naval  and  military  force 
of  any  belligerent  power,  or  when  have  they  been  tolerated  by 
any  honorable  government,  as  the  predatory  enterprise  of  armed 
individuals  ?  Nor  is  the  destruction  of  the  public  edifices  which 


*  See  the  letter  of  Sir  George  Prevost  to  General  Wilkinson,  dated  the 
10th  of  February,  1814,  and  the  British  general  orders  of  the  22d  of 
February,  1814.  " 

f  See  Mr.  Monroe's  letter  to  Admiral  Cochrane,  dated  the  6th  of  Sep 
tember,  1814. 


CAUSES,  ETC.  OF   THE    WAR.  349 

adorn  the  metropolis  of  a  country,  and  serve  to  commemorate  the 
taste  and  science  of  the  age,  beyond  the  sphere  of  action  of  the 
vilest  incendiary  as  well  as  of  the  most  triumphant  conqueror. 
It  cannot  be  forgotten,  indeed,  that  in  the  course  of  ten  years 
past  the  capitals  of  the  principal  powers  of  Europe  have  been 
conquered  and  occupied  alternately  by  the  victorious  armies  of 
each  other,*  and  yet  there  has  been  no  instance  of  a  conflagra 
tion  of  the  palaces,  the  temples,  or  the  halls  of  justice.  No ; 
such  examples  have  proceeded  from  Great  Britain  alone, — a 
nation  so  elevated  in  its  pride,  so  awful  in  its  power,  and  so 
affected  in  its  tenderness  for  the  liberties  of  mankind !  The 
charge  is  severe ;  but  let  the  facts  be  adduced. 

1.  Great  Britain  has  violated  the  principles  of  social  law,  by 
insidious  attempts  to  excite  the  citizens  of  the  United  States  into 
acts  of  contumacy,  treason,  and  revolt  against  their  government. 
For  instance : 

No  sooner  had  the  American  government  imposed  the  restrict 
ive  system  upon  its  citizens,  to  escape  from  the  rage  and  depre 
dation  of  the  belligerent  powers,  than  the  British  government, 
then  professing  amity  towards  the  United  States,  issued  an  order 
which  was,  in  effect,  an  invitation  to  the  American  citizens  to 
break  the  laws  of  their  country,  under  a  public  promise  of  British 
protection  and  patronage  "  to  all  vessels  which  should  engage  in 
an  illicit  trade,  without  bearing  the  customary  ship's  documents 
and  papers. "f 

Again  :  During  a  period  of  peace  between  the  United  States 
and  Great  Britain,  in  the  year  1809,  the  governor-general  of  the 
Canadas  employed  an  agent  (who  had  previously  been  engaged 
in  n  similar  service,  with  the  knowledge  and  approbation  of  the 
British  cabinet)  "  on  a  secret  and  confidential  mission"  into  the 
United  States,  declaring  "  that  there  was  no  doubt  that  his  able 
execution  of  such  a  mission  would  give  him  a  claim  not  only  on 
the  governor-general  but  on  his  Majesty's  ministers."  The  object 
of  the  mission  was  to  ascertain  whether  there  existed  a  disposi 
tion  in  any  portion  of  the  citizens  "  to  bring  about  a  separation 
of  the  Eastern  States  from  the  general  Union,  and  how  far,  in 
such  an  event,  the}7"  would  look  up  to  England  for  assistance,  or 
be  disposed  to  enter  into  a  connexion  with  her."  The  agent  was 
instructed  "  to  insinuate  that  if  any  of  the  citizens  should  wish 
to  enter  into  a  communication  with  the  British  government, 
through  the  governor-general,  he  was  authorized  to  receive  such 
communication,  and  that  he  would  safely  transmit  it  to  the 


*  See  Mr.  Monroe's  letter  to  Admiral  Cochrane,  dated  the  Gth  of  Sep 
tember,  1814. 

•j-  See  the  instructions  to  the  commanders  of  British  ships  of  war  and 
privateers,  dated  the  llth  of  April,  1808. 


350  APPENDICES. 

governor-general."*  He  was  accredited  by  a  formal  instrument, 
under  the  seal  and  signature  of  the  governor-general,  to  be  pro 
duced  "  if  he  saw  good  ground  for  expecting  that  the  doing  so 
might  lead  to  a  more  confidential  communication  than  he  could 
otherwise  look  for;"  and  he  was  furnished  with  a  cipher  "for 
carrying  on  the  secret  correspondence.'^  The  virtue  and  patri 
otism  of  the  citizens  of  the  United  States  were  superior  to  the 
arts  and  corruption  employed  in  this  secret  and  confidential 
mission,  if  it  ever  was  disclosed  to  any  of  them  ;  and  the  mission 
itself  terminated  as  soon  as  the  arrangement  with  Mr.  Erskine 
was  announced.  J  But  in  the  act  of  recalling  the  secret  emissary, 
he  was  informed  "  that  the  whole  of  his  letters  were  transcribing 
to  be  sent  home,  where  they  could  not  fail  of  doing  him  great 
credit,  and  it  was  hoped  they  might  eventually  contribute  to  his 
permanent  advantage. "§  To  endeavor  to  realize  that  hope,  the 
emissary  proceeded  to  London  ;  all  the  circumstances  of  his 
mission  were  made  known  to  the  British  minister  ;  his  services 
were  approved  and  acknowledged,  and  he  was  sent  to  Canada  for 
a  reward,  with  a  recommendatory  letter  from  Lord  Liverpool  to 
Sir  George  Prevost,  "  stating  his  lordship's  opinion  of  the  ability 
and  judgment  which  Mr.  Henry  had  manifested  on  the  occasions 
mentioned  in  his  memorial  (his  secret  and  confidential  missions), 
and  of  the  benefit  the  public  service  might  derive  from  his  active 
employment  in  any  public  situation  in  which  Sir  George  Prevost 
might  think  proper  to  place  him."||  The  world  will  judge,  upon 
these  facts,  and  the  rejection  of  a  parliamentary  call  for  the  pro 
duction  of  the  papers  relating  to  them,  what  credit  is  due  to  the 
prince  regent's  assertion  "  that  Mr.  Henry's  mission  was  under 
taken  without  the  authority  or  even  knowledge  of  his  Majesty's 
government."  The  first  mission  was  certainly  known  to  the 
British  government  at  the  time  it  occurred,  for  the  secretary  of  the 
governor-general  expressly  states  "  that  the  information  and 
political  observations  heretofore  received  from  Mr.  Henry  were 
transmitted  by  his  Excellency  to  the  Secretary  of  State,  who  had 
expressed  his  particular  approbation  of  them  ;"^[  the  second 
mission  was  approved  when  it  was  known  ;  and  it  remains  for 
the  British  government  to  explain,  upon  any  established  prin- 


*  See  the  letter  from  Mr.  Kyland,  the  secretary  of  the  governor-general, 
tc  Mr.  Henry,  dated  the  26th  of  January,  1809. 

f  See  the  letter  of  Sir  James  Craig  to  Mr.  Henry,  dated  February  6, 
1809. 

+  See  the  same  letter,  and  Mr.  Ryland's  letter  of  the  26th  of  January, 
1809. 

\  See  Mr.  Ryland's  letter,  dated  the  26th  of  June,  1809. 

||  See  the  letter  from  Lord  Liverpool  to  Sir  George  Prevost,  dated  the 
16th  of  September,  1811. 

\  See  Mr.  Kyland's  letter  of  the  26th  of  January,  1809. 


CAUSES,  ETC.  OF   THE    WAR.  351 

ciples  of  morality  and  justice,  the  essential  difference  between 
ordering  the  offensive  acts  to  be  done  and  reaping  the  fruit  of 
those  acts,  without  either  expressly  or  tacitly  condemning  them. 

Again  :  These  hostile  attempts  upon  the  peace  and  union  of 
the  United  States,  preceding  the  declaration  of  war,  have  been 
followed  by  similar  machinations  subsequent  to  that  event.  The 
governor-general  of  the  Canadas  has  endeavored  occasionally,  in 
his  proclamations  and  general  orders,  to  dissuade  the  militia  of 
the  United  States  from  the  performance  of  the  duty  which  they" 
owed  to  their  injured  country  ;  and  the  efforts  at  Quebec  and 
Halifax  to  kindle  the  flame  of  civil  war  have  been  as  incessant 
as  they  have  been  insidious  and  abortive.  Nay,  the  governor  of 
the  island  of  Barbadoes,  totally  forgetful  of  the  boasted  article 
of  the  British  MagnaCharta  in  favor  of  foreign  merchants  found 
within  the  British  dominions  upon  the  breaking  out  of  hostilities, 
resolved  that  every  American  merchant  within  his  jurisdiction 
at  the  declaration  of  war  should  at  once  be  treated  as  a  prisoner 
of  war,  because  every  citizen  of  the  United  States  was  enrolled 
in  the  militia,  because  the  militia  of  the  United  States  wrere  re 
quired  to  serve  their  country  beyond  the  limits  of  the  State  to 
which  they  particularly  belonged,  and  because  the  militia  of  "  all 
the  States  which  had  acceded  to  this  measure  were,  in  the  view 
of  Sir  George  Beckwith,  acting  as  a  French  conscription."* 

Again  :  Nor  was  this  course  of  conduct  confined  to  the  colonial 
authorities.  On  the  26th  of  October,  1812,  the  British  govern 
ment  issued  an  order  in  council  authorizing  the  governors  of  the 
British  West  India  Islands  to  grant  licenses  to  American  vessels 
for  the  importation  and  exportation  of  certain  articles  enumerated 
in  the  order ;  but  in  the  instructions  which  accompanied  the  order 
it  was  expressly  provided  that  "  whatever  importations  were  pro 
posed  to  be  made  from  the  United  States  of  America  should  be, 
by  licenses,  confined  to  the  ports  in  the  Eastern  States  ex 
clusively,  unless  there  was  reason  to  suppose  that  the  object  of 
the  order  would  not  be  fulfilled  if  licenses  were  not  granted  for 
importations  from  the  other  ports  in  the  United  States. "f 

The  President  of  the  United  States  has  not  hesitated  to  place 
before  the  nation,  with  expressions  of  a  just  indignation,  "  the 
policy  of  Great  Britain  thus  proclaimed  to  the  world,  introducing 
into  her  modes  of  warfare  a  system  equally  distinguished  by  the 
deformity  of  its  features  and  the  depravity  of  its  character,  and 
having  for  its  object  to  dissolve  the  ties  of  allegiance  and  the 


*  See  the  remarkable  state  paper  issued  by  Governor  Beckwith,  at  Bar 
badoes,  on  the  13th  of  November,  1812. 

f  See  the  proclamation  of  the  governor  of  Bermuda,  dated  the  14th  of 
January,  1814,  and  the  instructions  from  the  British  Secretary  for  Foreign 
Affairs,  dated  November  9,  1812. 


352  APPENDICES. 

sentiments  of  loyalty  in  the  adversary  nation,  and  to  seduce  and 
separate  its  component  parts  the  one  from  the  other."* 

2.  Great  Britain  has  violated  the  laws  of  humanity  and  honor 
by  seeking  alliances,  in  the  prosecution  of  the  war,  with  savages, 
pirates,  and  slaves. 

The  British  agency  in  exciting  the  Indians  at  all  times  to  com 
mit  hostilities  upon  the  frontier  of  the  United  States  is  too  noto 
rious  to  admit  of  a  direct  and  general  denial.  It  has  sometimes, 
however,  been  said  that  such  conduct  was  unauthorized  by  the 
British  government;  and  the  prince  regent,  seizing  the  single 
instance  of  an  intimation  alleged  to  be  given  on  the  part  of  Sir 
James  Craig,  the  governor  of  the  Canadas,  that  an  attack  was 
meditated  by  the  Indians,  has  affirmed  that  "  the  charge  of  ex 
citing  the  Indians  to  offensive  measures  against  the  United 
States  was  void  of  foundation;  that,  before  the  war  began,  a 
policy  the  most  opposite  had  been  uniformly  pursued  ;  and  that 
proof  of  this  was  tendered  by  Mr.  Foster  to  the  American  gov- 
ernment."f  But  is  it  not  known  in  Europe  as  well  as  in  America 
that  the  British  Northwest  Company  maintain  a  constant  inter 
course  of  trade  and  council  with  the  Indians  ;  that  their  interests 
are  often  in  direct  collision  with  the  interests  of  the  inhabitants 
of  the  United  States,  and  that  by  means  of  the  inimical  disposi 
tions  and  the  active  agencies  of  the  company  (seen,  understood, 
and  tacitly  sanctioned  by  the  local  authorities  of  Canada)  all  the 
evils  of  an  Indian  war  may  be  shed  upon  the  United  States, 
without  the  authority  of  a  formal  order  emanating  immediately 
from  the  British  government?  Hence  the  American  government, 
in  answer  to  the  evasive  protestations  of  the  British  minister 
residing  at  Washington,  frankly  communicated  the  evidence  of 
British  agency  which  had  been  received  at  different  periods  since 
the  vear  1807,  and  observed  "that,  whatever  may  have  been  the 
disposition  of  the  British  government,  the  conduct  of  its  subor 
dinate  agents  had  tended  to  excite  the  hostility  of  the  Indian 
tribes  towards  the  United  States ;  and  that,  in  estimating  the 
comparative  evidence  on  the  subject,  it  was  impossible  not  to 
recollect  the  communication  lately  made  respecting  the  conduct 
of  Sir  James  Craig  in  another  important  transaction  (the  em 
ployment  of  Mr.  Henry,  as  an  accredited  agent,  to  alienate  and 
detach  the  citizens  of  a  particular  section  of  the  Union  from  their 

*  See  the  message  from  the  President  to  Congress,  dated  the  24th  of 
February,  1813. 

f  See  the  prince  regent's  declaration  of  the  10th  of  January,  1813.  See, 
also,  Mr.  Foster's  letters  to  Mr.  Monroe,  dated  the  28th  of  December, 
1811,  and  the  7th  and  8th  of  June,  1812,  and  Mr.  Monroe's  answer,  dated 
the  9th  of  January,  1812,  and  the  10th  of  June,  1812,  and  the  documents 
which  accompanied  the  correspondence. 


CAUSES,  ETC.  OF   THE    WAR.  353 

government),  which,  it  appeared,  was  approved  by  Lord  Liver 
pool."* 

The  proof,  however,  that  the  British  agents  and  military 
officers  were  guilty  of  the  charge  thus  exhibited  becomes  con 
clusive  when,  subsequent  to  the  communication  which  was  made 
to  the  British  minister,  the  defeat  and  flight  of  General  Proctor's 
army  on  the  of  placed  in  the  possession  of  the 

American  commander  the  correspondence  and  papers  of  the  Brit 
ish  officers.  Selected  from  the  documents  which  were  obtained 
upon  that  occasion,  the  contents  of  a  few  letters  will  serve  to 
characterize  the  whole  of  the  mass.  In  these  letters,  written 
by  Mr.  M'Kee,  the  British  agent,  to  Colonel  England,  the  com 
mander  of  the  British  troops,  superscribed  "  On  his  Majesty's 
service,"  and  dated  during  the  months  of  July  and  August,  1794, 
the  period  of  General  Wayne's  successful  expedition  against  the 
Indians,  it  appears  that  the  scalps  taken  by  the  Indians  were 
sent  to  the  British  establishment  at  the  rapids  of  the  Miami  ;f 
that  the  hostile  operations  of  the  Indians  were  concerted  with 
the  British  agents  and  officers  ;J  that  when  certain  tribes  of  In 
dians  "  having  completed  the  belts  they  carried  with  scalps  and 
prisoners,  and  being  without  provisions  resolved  on  going  home, 
it  was  lamented  that  his  Majesty's  posts  would  derive  no  security 
from  the  late  great  influx  of  Indians  into  that  part  of  the  coun 
try  should  they  persist  in  their  resolution  of  returning  so  soon  ;"§ 
that  "the  British  agents  were  immediately  to  hold  a  council  at 
the  Glaze,  in  order  to  try  if  they  could  prevail  on  the  Lake  In 
dians  to  remain  ;  but  that  without  provisions  and  ammunition 
being  sent  to  that  place  it  was  conceived  to  be  extremely  diffi 
cult  to  keep  them  together ;"||  and  that  ''Colonel  England  was 
making  great  exertions  to  supply  the  Indians  with  provisions."^]" 
But  the  language  of  the  correspondence  becomes,  at  length,  so 
plain  and  direct  that  it  seems  impossible  to  avoid  the  conclusion 
of  a  governmental  agency  oil  the  part  of  Great  Britain  in  ad 
vising,  aiding,  and  conducting  the  Indian  war  while  she  pro 
fessed  friendship  and  peace  towards  the  United  States.  "  Scouts 
are  sent,"  says  Mr.  M'Kee  to  Colonel  England,  "  to  view  the 
situation  of  the  American  army,  and  we  now  muster  one  thou 
sand  Indians.  All  the  Lake  Indians,  from  Sugana  downwards, 
should  not  lose  one  moment  in  joining  their  brethren,  as  every 


*  See  Mr.  Monroe's  letter  to  Mr.  Foster,  dated  the  10th  of  June,  1812. 
f  See  the  letter  from  Mr.  M'Kee  to  Colonel  England,  dated  the  2d  of 
July,  1794. 

J  See  the  letter  from  the  same  to  the  same,  dated  the  5th  of  July,  1794. 
|  See  the  same  letter. 
||  See  the  same  letter. 
See  the  same  letter. 


354  APPENDICES. 

accession  of  strength  is  an  addition  to  their  spirits."*  And 
again :  "  I  have  been  employed  several  days  in  endeavoring  to 
fix  the  Indians,  who  have  been  driven  from  their  villages  and 
corn-fields,  between  the  fort  and  the  bay.  Swan  Creek  is  gen 
erally  agreed  upon,  and  will  be  a  very  convenient  place  for  the 
delivery  of  provisions,  etc."f  Whether,  under  the  various 
proofs  of  the  British  agency  in  exciting  Indian  hostilities 
against  the  United  States  in  a  time  of  peace,  presented  in  the 
course  of  the  present  narrative,  the  prince  regent's  declaration 
that,  "  before  the  war  began,  a  policy  the  most  opposite  had 
been  uniformly  pursued"  by  the  British  government, J  is  to  be 
ascribed  to  a  want  of  information  or  a  want  of  candor,  the 
American  government  is  not  disposed  more  particularly  to  in 
vestigate. 

But,  independent  of  these  causes  of  just  complaint,  arising  in 
a  time  of  peace,  it  will  be  found  that  when  the  war  was  declared, 
the  alliance  of  the  British  government  with  the  Indians  was 
avowed  upon  principles  the  most  novel,  producing  consequences 
the  most  dreadful.  The  savages  were  brought  into  the  war 
upon  the  ordinary  footing  of  allies  without  regard  to  the  inhuman 
character  of  their  warfare,  which  neither  spares  age  nor  sex,  and 
which  is  more  desperate  towards  the  captive  at  the  stake  than 
even  towards  the  combatant  in  the  field.  It  seemed  to  be  a  stipu 
lation  of  the  compact  between  the  allies  that  the  British  might 
imitate,  but  should  not  control,  the  ferocity  of  the  savages.  While 
the  British  troops  behold,  without  compunction,  the  tomahawk 
and  the  scalping-knife  brandished  against  prisoners,  old  men  and 
children,  and  even  against  pregnant  women,  and  while  they  ex- 
ultingly  accept  the  bloody  scalps  of  the  slaughtered  Americans, § 
the  Indian  exploits  in  battle  are  recounted  and  applauded  by  the 
British  general  orders.  Rank  and  station  are  assigned  to  them 
in  the  military  movements  of  the  British  army,  and  the  unhal 
lowed  league  was  ratified,  with  appropriate  emblems,  by  inter 
twining  an  American  scalp  with  the  decorations  of  the  mace, 
which  the  commander  of  the  northern  army  of  the  United  States 
found  in  the  legislative  chamber  of  York,  the  capital  of  Upper 
Canada. 


*  See  the  letter  from  Mr.  M'Kee  to  Colonel  England,  dated  the  13th  of 
August,  1794. 

f  See  the  letter  from  the  same  to  the  same,  dated  the  30th  of  August, 
1794. 

J  See  the  prince  regent's  declaration  of  the  10th  of  January,  1813. 

\  See  the  letter  from  the  American  G-eneral  Harrison  to  the  British 
General  Proctor.  See  a  letter  from  the  British  Major  Muir,  Indian  agent, 
to  Colonel  Proctor,  dated  the  26th  of  September,  1812,  and  a  letter  from 
Colonel  St.  George  to  Colonel  Proctor,  dated  the  28th  of  October,  1812, 
found  among  Colonel  Proctor's  papers. 


CAUSES,  ETC.   OF   THE  WAE.  355 

In  the  single  scene  that  succeeded  the  battle  of  Frenchtown, 
near  the  river  Raisin,  where  the  American  troops  were  defeated 
by  the  allies,  under  the  command  of  General  Proctor,  there  will 
be  found  concentrated,  upon  indisputable  proof,  an  illustration  of 
the  horrors  of  the  warfare  which  Great  Britain  has  pursued  and 
still  pursues  in  co-operation  with  the  savages  of  the  South  as 
well  as  with  the  savages  of  the  North.  The  American  army 
capitulated  on  the  22d  of  January,  1813;  yet,  after  the  faith  of 
the  British  commander  had  been  pledged  in  the  terms  of  the  ca 
pitulation,  and  while  the  British  officers  and  soldiers  silently  and 
exultingly  contemplated  the  scene,  some  of  the  American  pris 
oners  of  war  were  tomahawked,  some  were  shot,  and  some  were 
burnt.  Many  of  the  unarmed  inhabitants  of  the  Michigan  ter 
ritory  were  massacred ;  their  property  was  plundered  and  their 
horses  were  destroyed.*  The  dead  bodies  of  the  mangled  Amer 
icans  were  exposed,  unburied,  to  be  devoured  by  dogs  and  swine, 
"  because,  as  the  British  officers  declared,  the  Indians  would  not 
permit  the  interment  ;"f  and  some  of  the  Americans  who  sur 
vived  the  carnage  had  been  extricated  from  danger  only  by  being 
purchased  at  a  price,  as  a  part  of  the  booty  belonging  to  the  In 
dians.  But,  to  complete  this  dreadful  view  of  human  depravity 
and  human  wretchedness,  it  is  only  necessary  to  add  that  an 
American  physician,  who  was  despatched  with  a  flag  of  truce 
to  ascertain  the  situation  of  his  wounded  brethren,  and  two  per 
sons,  his  companions,  were  intercepted  by  the  Indians  in  their 
humane  mission  ;  the  privilege  of  the  flag  was  disregarded  by 
the  British  officers ;  the  physician,  after  being  wounded,  and  one 
of  his  companions  were  made  prisoners,  and  the  third  person  of 
the  party  was  killed. J 

But  the  savage,  who  had  never  known  the  restraints  of  civil 
ized  life,  and  the  pirate,  who  had  broken  the  bonds  of  society, 
were  alike  the  objects  of  British  conciliation  and  alliance  for  the 
purposes  of  an  unparalleled  warfare.  A  horde  of  pirates  and 
outlaws  had  formed  a  confederacy  and  establishment  on  the  island 
of  Barrataria,  near  the  mouth  of  the  river  Mississippi.  Will 
Europe  believe  that  the  commander  of  the  British  forces  ad 
dressed  the  leader  of  the  confederacy  from  the  neutral  territory 
of  Pensacola,  "  calling  upon  him,  with  his  brave  followers,  to 
enter  into  the  service  of  Great  Britain,  in  which  he  should  have 

*  See  the  report  of  the  committee  of  the  House  of  Representatives  on 
the  31st  of  July,  1812,  and  the  depositions  and  documents  accompany 
ing  it. 

f  See  the  official  report  of  Mr.  Baker,  the  agent  for  the  prisoners,  to 
Brigadier-G-eneral  Winchester,  dated  the  26th  of  February,  1813. 

J  In  addition  to  this  description  of  savage  warfare  under  British  au 
spices,  see  the  facts  contained  in  the  correspondence  between  General 
Harrison  and  General  Drummond. 


356  APPENDICES. 

the  rank  of  captain,  promising  that  lands  should  be  given  to  them 
all  in  proportion  to  their  respective  ranks,  on  a  peace  taking- 
place,  assuring  them  that  their  property  should  be  guaranteed 
and  their  persons  protected,  and  asking,  in  return,  that  they  would 
cease  all  hostilities  against  Spain  or  the  allies  of  Great  Britain, 
and  place  their  ships  and  vessels  under  the  British  commanding 
officer  on  the  station,  until  the  commander-in-chief's  pleasure 
should  be  known,  with  a  guarantee  of  their  fair  value  at  all 
events?"*  There  wanted  only,  to  exemplify  the  debasement  of 
such  an  act,  the  occurrence  that  the  pirate  should  spurn  the  prof 
fered  alliance  ;  and,  accordingly,  Lafitte's  answer  was  indignantly 
given  by  a  delivery  of  the  letter  containing  the  British  proposi 
tion  to  the  American  governor  of  Louisiana. 

There  were  other  sources,  however,  of  support  which  Great 
Britain  was  prompted  by  her  vengeance  to  employ  in  opposition 
to  the  plainest  dictates  of  her  own  colonial  policy.  The  events 
which  have  extirpated  or  dispersed  the  white  population  of  St. 
Domingo  are  in  the  recollection  of  all  men.  Although  British 
humanity  might  not  shrink  from  the  infliction  of  similar  calami 
ties  upon  the  Southern  States  of  America,  the  danger  of  that 
course,  either  as  an  incitement  to  a  revolt  of  the  slaves  in  the 
British  islands  or  as  a  cause  for  retaliation  on  the  part  of  the 
United  States,  ought  to  have  admonished  her  against  its  adop 
tion.  Yet,  in  a  formal  proclamation  issued  by  the  commander- 
in-chief  of  his  Britannic  Majesty's  squadrons  upon  the  American 
station,  the  slaves  of  the  American  planters  were  invited  to  join 
the  British  standard  in  a  covert  phraseology  that  afforded  but  a 
slight  veil  for  the  real  design.  Thus  Admiral  Cochrane,  reciting 
"that  it  had  been  represented  to  him  that  many  persons  now 
resident  in  the  United  States  had  expressed  a  desire  to  withdraw 
therefrom  with  a  view  of  entering  into  his  Majesty's  service,  or 
of  being  received  as  free  settlers  into  some  of  his  Majesty's  colo 
nies,"  proclaimed  that  "  all  those  who  might  be  disposed  to 
emigrate  from  the  United  States  would,  with  their  families,  be 
received  on  board  of  his  Majesty's  ships  or  vessels  of  war,  or  at 
the  military  posts  that  might  be  established  upon  or  near  the 
coast  of  the  United  States,  when  they  would  have  their  choice  of 
either  entering  into  his  Majesty's  sea  or  land  forces,  or  of  being 
sent  as  free  settlers  to  the  British  possessions  in  North  America 
or  the  West  Indies,  where  they  would  meet  with  all  due  encour 
agement.'^  But  even  the  negroes  seem,  in  contempt  or  disgust, 


*  See  the  letter  addressed  by  Edward  Nichols,  lieutenant-colonel  com 
manding  his  Britannic  Majesty's  forces  in  the  Floridas,  to  Monsieur 
Lafitte,  or  the  commandant  at  Barrataria,  dated  the  31st  of  August,  1814. 

f  See  Admiral  Cochrane's  proclamation,  dated  at  Bermuda,  the  2d  of 
April,  1814. 


CAUSES,  ETC.  OF   THE   WAR.  357 

to  have  resisted  the  solicitation  ;  no  rebellion  or  massacre  ensued ; 
and  the  allegation,  often  repeated,  that  in  relation  to  those  who 
were  seduced  or  forced  from  the  service  of  their  masters,  instances 
have  occurred  of.  some  being  afterwards  transported  to  the  Brit 
ish  West  India  Islands  and  there  sold  into  slavery  for  the  benefit 
of  the  captors,  remains  without  contradiction.  So  complicated 
an  act  of  injustice  would  demand  the  reprobation  of  mankind. 
And  let  the  British  government,  which  professes  a  just  abhor 
rence  of  the  African  slave-trade,  which  endeavors  to  impose  in 
that  respect  restraints  upon  the  domestic  policy  of  France,  Spain, 
and  Portugal,  answer,  if  it  can,  the  solemn  charge  against  their 
faith  and  their  humanity. 

3.  Great  Britain  has  violated  the  laws  of  civilized  warfare  by 
plundering  private  property  ;  by  outraging  female  honor ;  by 
burning  unprotected  cities,  towns,  villages,  and  houses ;  and  by 
laying  waste  whole  districts  of  an  unresisting  country. 

'The  menace  and  the  practice  of  the  British  naval  and  military 
force  "to  destroy  and  lay  waste  such  towns  and  districts  upon 
the  American  coast  as  might  be  found  assailable,"  have  been 
excused  upon  the  pretext  of  retaliation  for  the  wanton  destruction 
committed  by  the  American  army  in  Upper  Canada;"*  but  the 
fallacy  of  the  pretext  has  already  been  exposed.  It  will  be 
recollected,  however,  that  the  act  of  burning  Newark  was  instan 
taneously  disavowed  by  the  American  government ;  that  it  oc 
curred  in  December,  1813;  and  that  Sir  George  Prevost  himself 
acknowledged,  on  the  10th  of  February,  1814,  that  the  measure 
of  retaliation  for  all  the  previously  imputed  misconduct  of  the 
American  troops  was  then  full  and  complete. f  Between  the 
month  of  February,  1814,  when  that  acknowledgment  was  made, 
and  the  month  of  August,  1814,  when  the  British  admiral's  de 
nunciation  was  issued,  what  are  the  outrages  upon  the  part  of 
the  American  troops  in  Canada  to  justify  a  call  for  retaliation  ? 
No  ;  it  was  the  system,  not  the  incident,  of  the  war  ;  and  intelli 
gence  of  the  system  had  been  received  at  Washington  from  the 
American  agents  in  Europe,  with  reference  to  the  operations  of 
Admiral  Warren  upon  the  shores  of  the  Chesapeake,  long  before 
Admiral  Cochrane  had  succeeded  to  the  command  of  the  British 
fleet  on  the  American  station. 

As  an  appropriate  introduction  to  the  kind  of  war  which  Great 
Britain  intended  to  wage  against  the  inhabitants  of  the  United 
States,  transactions  occurred  in  England  under  the  avowed  di 
rection  of  the  government  itself  that  could  not  fail  to  wound  the 
moral  sense  of  every  candid  and  generous  spectator.  All  the 


*  See  Admiral  Cochrane's  letter  to  Mr.  Monroe,  dated  August  18,  1814. 
f  See  Sir  George  Prevost's  letter  to  General  Wilkinson,  dated  the  10th 
of  February,  1814. 


358  APPENDICES. 

officers  and  mariners  of  the  American  merchant  ships  who,  hav 
ing  lost  their  vessels  in  other  places,  had  gone  to  England  on  the 
way  to  America,  or  who  had  been  employed  in  British  merchant 
ships  but  were  desirous  of  returning  home,  or  who  had  been 
detained  in  consequence  of  the  condemnation  of  their  vessels 
under  the  British  orders  in  council,  or  who  had  arrived  in  Eng 
land  through  any  of  the  other  casualties  of  the  seafaring  life, 
were  condemned  to  be  treated  as  prisoners  of  war;  nay,  some  of 
them  were  actually  impressed  while  soliciting  their  passports, 
although  not  one  of  their  number  had  been  in  any  way  engaged 
in  hostilities  against  Great  Britain,  and  although  the  American 
government  had  afforded  every  facility  to  the  departure  of  the 
same  class,  as  well  as  of  every  other  class,  of  British  subjects 
from  the  United  States  for  a  reasonable  period  after  the  declara 
tion  of  war.*  But  this  act  of  injustice,  for  which  even  the  pre 
text  of  retaliation  has  not  been  advanced,  was  accompanied  by 
another  of  still  greater  cruelty  and  oppression.  The  American 
seamen  who  had  been  enlisted  or  impressed  into  the  naval  service 
of  Great  Britain  were  long  retained,  and  many  of  them  are  yet 
retained,  on  board  of  British  ships  of  war,  where  they  are  com 
pelled  to  combat  against  their  country  and  their  friends;  and 
even  when  the  British  government  tardily  and  reluctantly  recog 
nized  the  citizenship  of  impressed  Americans  to  a  number  exceed 
ing  one  thousand  at  a  single  naval  station,  and  dismissed  them 
from  its  service  on  the  water,  it  was  only  to  immure  them  as 
prisoners  of  war  on  the  shore.  These  unfortunate  persons,  who 
had  passed  into  the  power  of  the  British  government  by  a  viola 
tion  of  their  own  rights  and  inclinations  as  well  as  of  the  rights 
of  their  country,  and  who  could  only  be  regarded  as  the  spoils  of 
unlawful  violence,  were  nevertheless  treated  as  the  fruits  of  law 
ful  war.  Such  was  the  indemnification  which  Great  Britain 
offered  for  the  wrongs  that  she  had  inflicted,  and  such  the  reward 
which  she  bestowed  for  services  that  she  had  received. f 

Nor  has  the  spirit  of  British  warfare  been  confined  to  viola 
tions  of  the  usages  of  civilized  nations  in  relation  to  the  United 
States.  The  system  of  blockade,  by  orders  in  council,  has  been 
revived,  and  the  American  coast  from  Maine  to  Louisiana  has 
been  declared  by  the  proclamation  of  a  British  admiral  to  be  in  a 
state  of  blockade,  which  every  day's  observation  proves  to  be  prac 
tically  ineffectual,  and  which,  indeed,  the  whole  of  the  British 


*  See  Mr.  Beasley's  correspondence  with  the  British  government,  in 
October,  November,  and  December,  1812.  See,  also,  the  act  of  Congress, 
"passed  the  6th  of  July,  1812. 

f  See  the  letter  from  Mr.  Beasley  to  Mr.  M'Leay,  dated  the  13th  of 
March,  1815. 


CAUSES,  ETC.  OF   THE   WAR.  359 

navy  would  be  unable  to  enforce  and  maintain.*  Neither  the 
orders  in  council,  acknowledged  to  be  generally  unlawful  and 
declared  to  be  merely  retaliatory  upon  France,  nor  the  Berlin  and 
Milan  decrees,  which  placed  the  British  islands  in  a  state  of 
blockade  without  the  force  of  a  single  squadron  to  maintain  it, 
were  in  principle  more  injurious  to  the  rights  of  neutral  com 
merce  than  the  existing  blockade  of  the  United  States.  The  re 
vival,  therefore,  of  the  system,  without  the  retaliatory  pretext, 
must  demonstrate  to  the  world  a  determination  on  the  part  of 
Great  Britain  to  acquire  a  commercial  monopoly  by  every  demon 
stration  of  her  naval  power.  The  trade  of  the  United  States 
with  Russia  and  with  other  northern  powers,  by  whose  govern 
ments  no  edicts  violating  neutral  rights  had  been  issued,  was  cut 
off  by  the  operation  of  the  British  orders  in  council  of  the  year 
1807  as  effectually  as  their  trade  with  France  and  her  allies, 
although  the  retaliatory  principle  was  totally  inapplicable  to  the 
case.  And  the  blockade  of  the  year  1814  is  an  attempt  to  destroy 
the  trade  of  those  nations,  and,  indeed,  of  all  the  other  nations 
of  Europe,  with  the  United  States ;  while  Great  Britain  herself, 
with  the  same  policy  and  ardor  that  marked  her  illicit  trade  with 
France  when  France  was  her  enemy,  encourages  a  clandestine 
traffic  between  her  subjects  and  the  American  citizens  wherever 
her  possessions  come  in  contact  with  the  territory  of  the  United 
States. 

But  approaching  nearer  to  the  scenes  of  plunder  and  violence, 
of  cruelty  and  conflagration,  which  the  British  warfare  exhibits 
on  the  coast  of  the  United  States,  it  must  be  again  asked,  what 
acts  of  the  American  government,  of  its  ships  of  war,  or  of  its 
armies  had  occurred  or  were  even  alleged  as  a  pretext  for  the  per 
petration  of  this  series  of  outrages  ?  It  will  not  be  asserted  that 
they  were  sanctioned  by  the  usages  of  modern  war,  because  the 
sense  of  all  Europe  would  revolt  at  the  assertion.  It  will  not  be 
said  that  they  were  the  unauthorized  excesses  of  the  British 
troops,  because  scarcely  an  act  of  plunder  and  violence,  of  cru 
elty  and  conflagration,  has  been  committed  except  in  the  imme 
diate  presence,  under  the  positive  orders,  and  with  the  personal 
agency,  of  British  officers.  It  must  not  be  again  insinuated  that 
they  were  provoked  by  the  American  example,  because  it  has 
been  demonstrated  that  all  such  insinuations  are  without  color 
and  without  proof.  And,  after  all,  the  dreadful  and  disgraceful 
progress  of  the  British  arms  will  be  traced  as  the  effect  of  that 
animosity  arising  out  of  recollections  connected  with  the  Ameri 
can  Revolution,  which  has  already  been  noticed,  or  as  the  effect 
of  that  jealousy  which  the  commercial  enterprise  and  native 

*  See  the  successive  blockades  announced  by  the  British  government 
and  the  successive  naval  commanders  on  the  American  station. 


360  APPENDICES. 

resources  of  the  United  States  are  calculated  to  excite  in  the 
councils  of  a  nation  aiming  at  universal  dominion  upon  the  ocean. 

In  the  month  of  April,  1813,  the  inhabitants  of  Poplar  Island, 
in  the  bay  of  Chesapeake,  were  pillaged,  and  the  cattle  and  other 
live  stock  of  the  farmers,  beyond  what  the  enemy  could  remove, 
were  wantonly  killed  * 

In  the  same  month  of  April,  the  wharf,  the  stores,  and  the 
fishery  at  Frenchtown  Landing  were  destroyed,  and  the  private 
stores  and  storehouses  in  the  village  of  Frenchtown  were  burnt. f 

In  the  same  month  of  April,  the  enemy  landed  repeatedly  on 
Sharp's  Island,  and  made  a  general  sweep  of  the  stock,  affecting, 
however,  to  pay  for  a  part  of  it.J 

On  the  3d  of  May,  1813,  the  town  of  Havre  de  Grace  was 
pillaged  and  burnt  by  a  force  under  the  command  of  Admiral 
Cockburn.  The  British  officers  being  admonished  "that  with 
civilized  nations  at  war,  private  property  had  always  been  re 
spected,"  hastily  replied,  "that,  as  the  Americans  wanted  war, 
they  should  now  feel  its  effects  ;  and  that  the  town  should  be 
laid  in  ashes."  They  broke  the  windows  of  the  church,  they  pur 
loined  the  houses  of  the  furniture,  they  stripped  women  and 
children  of  their  clothes;  and  when  an  unfortunate  female  com 
plained  that  she  could  not  leave  her  house  with  her  little  children, 
she  was  unfeelingly  told  "that  her  house  should  be  burnt  with 
herself  and  her  children  in  it."§ 

On  the  Gth  of  May,  1813,  Fredericktown  and  Georgetown, 
situated  on  Sassafras  River,  in  the  State  of  Maryland,  were 
pillaged  and  burnt,  and  the  adjacent  country  was  laid  waste  by 
a  force  under  the  command  of  Admiral  Cockburn  ;  and  the  officers 
were  the  most  active  on  the  occasion.  || 

On  the  22d  of  June,  1813,  the  British  forces  made  an  attack 
upon  Craney  Island,  with  a  view  to  obtain  possession  of  Norfolk, 
which  the  commanding  officers  had  promised,  in  case  of  success, 
to  give  up  to  the  plunder  of  the  troops. ^f  The  British  were  re 
pulsed  ;  but,  enraged  by  defeat  and  disappointment,  their  course 
was  directed  to  Hampton,  which  they  entered  on  the  of  June. 
The  scene  that  ensued  exceeds  all  power  of  description  ;  and  a 
detail  of  facts  would  be  offensive  to  the  feelings  of  decorum  as 


*  See  the  deposition  of  William  Sears. 

f  See  the  depositions  of  Frisby  Anderson  and  Cordelia  Pennington. 

j  See  Jacob  Gibson's  deposition. 

|  See  the  depositions  of  William  T.  Killpatrick,  James  Wood,  Eosanna 
Moore,  and  R.  Mansfield. 

||  See  the  depositions  of  John  Stavely,  William  Spencer,  Joshua  Ward, 
James  Scanlan,  Richard  Barnaby,  F.  B.  Chandlear,  Jonathan  Green 
wood,  John  Allen,  T.  Robertson,  M.  N.  Cannon,  and  J.  T.  Vearcy. 

^  See  General  Taylor's  letter  to  the  Secretary  at  War,  dated  the  2d  of 
July,  1813. 


CAUSES,  ETC.   OF   THE   WAR.  361 

well  as  of  humanity.  "  A  defenceless  and  unresisting  town  was 
given  up  to  indiscriminate  pillage,  though  civilized  war  tolerates 
this  only  as  to  fortified  places  carried  by  assault,  and  after  sum 
mons.  Individuals,  male  and -female,  were  stripped  naked;  a 
sick  man  was  stabbed  twice  in  the  hospital ;  another  sick  man 
was  shot  in  his  bed  and  in  the  arms  of  his  wife,  who  was  also 
wounded,  long  after  the  retreat  of  the  American  troops ;  and 
females — the  married  and  the  single — suffered  the  extremity  of 
personal  abuse  from  the  troops  of  the  enemy,  and  from  the  in 
fatuated  negroes,  at  their  instigation."*  The  fact  that  these 
atrocities  were  committed,  the  commander  of  the  British  fleet, 
Admiral  Warren,  and  the  commander  of  the  British  troops,  Sir 
Sidney  Beckwith,  admitted  without  hesitation  ;f  but  they  re 
sorted,  as  on  other  occasions,  to  the  unworthy  and  unavailing 
pretext  of  a  justifiable  retaliation.  It  was  said  by  the  British 
general  "that  the  excesses  at  Hampton  were  occasioned  by  an 
occurrence  at  the  recent  attempt  upon  Craney  Island,  when  the 
British  troops,  in  a  barge  sunk  by  the  American  guns,  clung  to  the 
wreck  of  the  boat ;  but  several  Americans  waded  off  from  the 
island,  fired  upon,  and  shot  these  men."  The  truth  of  the  assertion 
was  denied  ;  the  act,  if  it  had  been  perpetrated  by  the  American 
troops,  was  promptly  disavowed  by  their  commander;  and  a  board 
of  officers  appointed  to  investigate  the  facts,  after  stating  the 
evidence,  reported  "an  unbiased  opinion,  that  the  charge  against 
the  American  troops  was  unsupported  ;  and  that  the  character  of 
the  American  soldiery  for  humanity  and  magnanimity  had  not 
been  committed,  but,  on  the  contrary,  confirmed. "J  The  result  of 
this  inquiry  was  communicated  to  the  British  general;  reparation 
was  demanded;  but  it  was  soon  perceived  that,  whatever  might 
personally  be  the  liberal  dispositions  of  that  officer,  no  adequate 
reparation  could  be  made,  as  the  conduct  of  his  troops  was 
directed  and  sanctioned  by  his  government.§ 

*  See  the  letters  from  General  Taylor  to  Admiral  Warren,  dated  the 
29th  of  June,  1813 ;  to  General  Sir  Sidney  Beckwith,  dated  the  4th  and 
5th  of  July,  1813;  to  the  Secretary  of  War,  dated  the  2d  of  July,  1813; 
and  to  Captain  Myers,  of  the  last  date.  See,  also,  the  letter  from  Major 
Crutchfield  to  Governor  Barbour,  dated  the  20th  of  June,  1813  ;  the  letters 
from  Captain  Cooper  to  Lieutenant-Governor  Mallory,  dated  in  July, 
1813  ;  the  report  of  Messrs.  Griffin  and  Lively  to  Major  Crutchfielu, 
dated  the  4th  of  July,  1813 ;  and  Colonel  Parker's  publication  in  the 
"Enquirer." 

f  See  Admiral  Warren's  letter  to  General  Taylor,  dated  the  29th  of 
June,  1813;  Sir  Sidney  Beckwith's  letter  to  General  Taylor,  dated  the 
same  day  ;  and  the  report  of  Captain  Myers  to  General  Taylor, of  July 
2,  1813. 

J  See  the  report  of  the  proceedings  of  the  board  of  officers  appointed 
by  the  general  order  of  the  1st  of  July,  1813. 

|  See  General  Taylor's  letter  to  Sir  Sidney  Beckwith,  dated  the  5th  of 
July,  1813  ;  and  the  answer  of  the  following  day. 

24 


362  APPENDICES. 

During  the  period  of  these  transactions  the  village  of  Lewis- 
town,  near  the  capes  of  the  Delaware,  inhabited  chiefly  by  fisher 
men  and  pilots,  and  the  village  of  Stonington,  -seated  upon  the 
shores  of  Connecticut,  were  unsuccessfully  bombarded.  Armed 
parties,  led  by  officers  of  rank,  landed  daily  from  the  British 
squadron,  making  predatory  incursions  into  the  open  country, 
rifling  and  burning  the  houses  and  cottages  of  peaceable  and  re 
tired  families,  pillaging  the  produce  of  the  planter  and  the  farmer 
(their  tobacco,  their  grain,  and  their  cattle) ;  committing  violence 
on  the  persons  of  the  unprotected  inhabitants,  seizing  upon  slaves, 
wherever  they  could  be  found,  as  booty  of  war;  and  breaking 
open  the  coffins  of  the  dead  in  search  of  plunder,  or  committing 
robbery  on  the  altars  of  a  church  at  Chaptico,  St.  Inagoes,  and 
Tappahannock  with  a  sacrilegious  rage. 

But  the  consummation  of  British  outrage  yet  remains  to  be 
stated,  from  the  awful  and  imperishable  memorials  of  the  capitol 
at  Washington.  It  has  been  already  observed  that  the  massacre 
of  the  American  prisoners  at  the  river  Raisin  occurred  in  Janu 
ary,  1813  ;  that  throughout  the  same  year  the  desolating  warfare 
of  Great  Britain,  without  once  alleging  a  retaliatory  excuse,  made 
the  shores  of  the  Chesapeake,  and  of  its  tributary  rivers,  a  gen 
eral  scene  of  ruin  and  distress ;  and  that,  in  the  month  of  Febru 
ary,  1814,  Sir  George  Prevost  himself  acknowledged  that  the 
measures  of  retaliation,  for  the  unauthorized  burning  of  Newark, 
in  December,  1^13,  and  for  all  the  excesses  which  had  been  im 
puted  to  the  American  army,  was  at  that  time  full  and  complete. 
The  United  States,  indeed,  regarding  what  was  due  to  their  own 
character,  rather  than  what  was  due  to  the  conduct  of  their 
enemy,  had  forborne  to  authorize  a  just  retribution;  and  even 
disdained  to  place  the  destruction  of  Newark  to  retaliatory  ac 
count  for  the  general  pillage  and  conflagration  which  had  been 
previously  perpetrated.  It  was  not  without  astonishment,  there 
fore,  that,  after  more  than  a  year  of  patient  suffering,  they  heard 
it  announced  in  August,  1814,  that  the  towns  and  districts  upon 
their  coast  were  to  be  destroyed  and  laid  waste  in  revenge  for 
unspecified  and  unknown  acts  of  destruction  which  were  charged 
against  the  American  troops  in  Upper  Canada.  The  letter  of 
Admiral  Cochrane  was  dated  on  the  18th,  but  it  was  not  received 
until  the  31st  of  August,  1814.  In  the  intermediate  time,  the 
enemy  debarked  a  body  of  about  five  or  six  thousand  troops  at 
Benedict,  on  the  Patuxent,  and,  by  a  sudden  and  steady  march 
through  Bladensburg,  approached  the  city  of  Washington. 
This  city  has  been  selected  for  the  seat  of  the  American  govern 
ment  ;  but  the  number  of  its  houses  does  not  exceed  nine  hundred, 
spread  over  an  extensive  site;  the  whole  number  of  its  inhabit 
ants  does  not  exceed  eight  thousand ;  and  the  adjacent  country 
is  thinly  populated.  Although  the  necessary  precautions  had 


CAUSES,  ETC.  OF   THE    WAR.  363 

been  ordered,  to  assemble  the  militia  for  the  defence  of  the  city, 
a  variety  of  causes  combined  to  render  the  defence  unsuccessful ; 
and  the  enemy  took  possession  of  Washington  on  the  evening  of 
the  24th  of  August,  1814.  The  commanders  of  the  British  force 
held,  at  that  time,  Admiral  Cochrane's  desolating  order,  although 
it  was  then  unknown  to  the  government  and  the  people  of  the 
United  States ;  but  conscious  of  the  clanger  of  so  distant  a  sepa 
ration  from  the  British  fleet,  and  desirous  by  every  plausible 
artifice  to  deter  the  citizens  from  flying  to  arms  against  the  in 
vaders,  they  disavowed  all  design  of  injuring  private  persons 
and  property,  and  gave  assurances  of  protection  wherever  there 
was  submission.  General  Ross  and  Admiral  Cockburn  then 
proceeded  in  person  to  direct  and  superintend  the  business  of 
conflagration,  in  a  place  which  had  yielded  to  their  arms,  which 
was  unfortified,  and  by  which  no  hostility  was  threatened.  They 
set  fire  to  the  capitol,  within  whose  walls  were  contained  the 
halls  of  the  Congress  of  the  United  States,  the  hall  of  their 
highest  tribunal  for  the  administration  of  justice,  the  archives  of 
the  legislature,  and  the  national  library.  They  set  fire  to  the 
edifice  which  the  United  States  had  erected  for  the  residence  of 
their  chief  magistrate.  And  they  set  fire  to  the  costly  and  ex 
tensive  buildings  erected  for  theaccommodation  of  the  principal 
officers  of  the  government  in  the  transaction  of  the  public  busi 
ness.  These  magnificent  monuments  of  the  progress  of  the  arts, 
which  America  had  borrowed  from  her  parent,  Europe,  with  all 
the  testimonials  of  taste  and  literature  which  they  contained, 
were,  on  the  memorable  night  of  the  24th  of  August,  consigned 
to  the  flames,  while  British  officers  of  high  rank  and  command 
united  with  their  troops  in  riotous  carousals  by  the  light  of  the 
burning  pile. 

But  the  character  of  the  incendiary  had  so  entirely  superseded 
the  character  of  the  soldier,  on  this  unparalleled  expedition,  that 
a  great  portion  of  the  munitions  of  war,  which  had  not  been 
consumed  when  the  navy-yard  was  ordered  to  be  destroyed  upon 
the  approach  of  the  British  troops,  were  left  untouched ;  and  an 
extensive  foundry  of  cannon,  adjoining  the  city  of  Washington, 
was  left  uninjured ;  when,  in  the  night  of  the  25th  of  August, 
the  army  suddenly  decamped,  and  returning  with  evident  marks 
of  precipitation  and  alarm  to  their  ships,  left  the  interment  of 
their  dead  and  the  care  of  their  wounded  to  the  enemy,  whom 
they  had  thus  injured  and  insulted  in  violation  of  the  laws  of 
civilized  war. 

The  counterpart  to  the  scene  exhibited  by  the  British  army 
was  next  exhibited  by  the  British  navy.  Soon  after  the  midnight 
flight  of  General  Ross  from  Washington,  a  squadron  of  British 
ships  of  war  ascended  the  Potomac,  and  reached  the  town  of 
Alexandria  on  the  2f  th  of  August,  1814.  The  magistrates,  pre- 


364  APPENDICES. 

suming  that  the  general  destruction  of  the  town  was  intended, 
asked  on  what  terms  it  might  be  saved.  The  naval  commander 
declared  "that  the  only  conditions  in  his  power  to  offer  were 
such  as  not  only  required  a  surrender  of  all  naval  and  ordnance 
stores  (public  and  private),  but  of  all  the  shipping,  and  of  all 
the  merchandise  in  the  city,  as  well  as  such  as  had  been  removed 
since  the  19th  of  August,"  The  conditions,  therefore,  amounted 
to  the  entire  plunder  of  Alexandria,  an  unfortified  and  unresist 
ing  town,  in  order  to  save  the  buildings  from  destruction.  The 
capitulation  was  made,  and  the  enemy  bore  away  the  fruits  of  his 
predatory  enterprise  in  triumph. 

But  even  while  this  narrative  is  passing  from  the  press,  a  new 
retaliatory  pretext  has  been  formed  to  cover  the  disgrace  of  the 
scene  which  was  transacted  at  Washington.  In  the  address  of 
the  governor-in-chief  to  the  provincial  parliament  of  Canada,  on 
the  24th  of  January,  1815,  it  is  asserted,  in  ambiguous  language, 
vithat  as  a  just  retribution,  the  proud  capitol  at  Washington  has 
experienced  a  similar  fate  to  that  inflicted  by  an  American  force 
on  the  seat  of  government  in  Upper  Canada."  The  town  of 
York,  in  Upper  Canada,  was  taken  by  the  American  army,  under 
the  command  of  General  Dearborn,  on  the  27th  of  April,  1813,* 
and  it  was  evacuated  on  the  succeeding  1st  of  May,  although  it 
was  again  visited  for  a  day  by  an  American  squadron,  under 
the  command  of  Commodore  Chauncy,  on  the  4th  of  August. f 
At  the  time  of  the  capture,  the  enemy,  on  his  retreat,  set  fire  to 
his  magazine,  and  the  injury  produced  by  the  explosion  was 
great  and  extensive ;  but  neither  then  nor  on  the  visit  of  Com 
modore  Chauncy,  was  any  edifice  which  had  been  erected  for 
civil  uses  destroyed  by  the  authority  of  the  military  or  the  naval 
commander  ;  and  the  destruction  of  such  edifices  by  any  part  of 
their  force  would  have  been  a  direct  violation  of  the  positive 
order's  which  they  had  issued.  On  both  occasions,  indeed,  the 
public  stores  of  the  enemy  were  authorized  to  be  seized,  and 
his  public  storehouses  to  be  burnt ;  but  it  is  known  that  private 
persons,  houses,  and  property  were  left  uninjured.  If,  therefore, 
Sir  George  Prevost  deems  such  acts  inflicted  on  "  the  seat  of 
government  in  Upper  Canada"  similar  to  the  acts  which  were 
perpetrated  at  Washington,  he  has  yet  to  perform  the  task  of 
tracing  the  features  of  similarity ;  since  at  Washington,  the 
public  edifices  which  had  been  erected  for  civil  uses  were  alone 
destroyed,  while  the  munitions  of  war  and  the  foundries  of 
cannon  remained  untouched. 


*  See  the  letters  from  General  Dearborn  to  the  Secretary  of  War,  dated 
the  27th  and  28th  of  April,  1813. 

f  See  the  letter  from  Commodore  Chauncy  to  the  Secretary  of  the 
^"avy,  dated  the  4th  of  August,  1813. 


CAUSES,  ETC.   OF   THE    WAE.  365 

If,  however,  it  be  meant  to  affirm  that  the  public  edifices,  occu 
pied  by  the  legislature,  by  the  chief  magistrate,  by  the  courts  of 
justice,  and  by  the  civil  functionaries  of  the  province  of  Upper 
Canada,  with  the  provincial  library,  were  destroyed  by  the 
American  force,  it  is  an  occurrence  which  has  never  been  before 
presented  to  the  view  of  the  American  government  by  its  own 
officers,  as  matter  of  information,  nor  by  any  of  the  military  or 
civil  authorities  of  Canada,  as  matter  of  complaint;  it  is  an 
occurrence  which  no  American  commander  had  in  any  degree 
authorized  or  approved,  and  it  is  an  occurrence  which  the 
American  government  would  have  censured  and  repaired  with 
equal  promptitude  and  liberality. 

But  a  tale  told  thus  out  of  date,  for  a  special  purpose,  cannot 
command  the  confidence  of  the  intelligent  and  the  candid  auditor, 
for  even  if  the  fact  of  conflagration  be  true,  suspicion  must 
attend  the  cause  for  so  long  a  concealment  with  motives  so 
strong  for  an  immediate  disclosure.  When  Sir  George  Prevost, 
in  February,  1814,  acknowledged  that  the  measure  of  retaliation 
was  full  and  complete  for  all  the  preceding  misconduct  imputed 
to  the  American  troops,  was  he  not  apprised  of  every  fact  which 
had  occurred  at  York,  the  capital  of  Upper  Canada,  in  the 
months  of  April  and  August,  1813  ?  Yet,  neither  then,  n,or  at 
any  antecedent  period,  nor  until  the  24th  of  January,  1815  was 
the  slightest  intimation  given  of  the  retaliatory  pretext  which 
is  now  offered.  When  the  admirals  Warren  and  Cochrane  were 
employed  in  pillaging  and  burning  the  villages  on  the  shores  of 
the  Chesapeake,  were  not  all  the  retaliatory  pretexts  for  the  bar 
barous  warfare  known  to  those  commanders  ?  And  yet  "  the 
fate  inflicted  by  an  American  force  on  the  seat  of  government  in 
Upper  Canada"  was  never  suggested  in  justification  or  excuse  ? 
And  finally,  when  the  expedition  was  formed  in  August,  1814, 
for  the  destruction  of  the  public  edifices  at  Washington,  was  not 
the  "  similar  fate  which  had  been  inflicted  by  an  American  force 
on  the  seat  of  government  in  Upper  Canada"  known  to  Admiral 
Cochrane  as  well  as  to  Sir  George  Prevost,  who  called  upon  the 
admiral  (it  is  alleged)  to  carry  into  effect  measures  of  retaliation 
against  the  inhabitants  of  the  United  States  ?  And  yet  both 
the  call  and  the  compliance  are  founded  (not  upon  the  destruc 
tion  of  the  public  edifices  at  York,  but)  upon  the  wanton  destruc 
tion  committed  by  the  American  army  in  Upper  Canada  upon 
the  inhabitants  of  the  province,  for  whom  alone  reparation  was 
demanded. 

An  obscurity,  then,  dwells  upon  the  fact  alleged  by  Sir  George 
Prevost  which  has  not  been  dissipated  by  inquiry.  Whether  any 
public  edifice  was  improperly  destroyed  at  York,  or  at  what 
period  the  injury  was  done,  if  done  at  all,  and  by  what  hand  it 
was  inflicted,  are  points  that  ought  to  have  been  stated  when 


366  APPENDICES. 

the  charge  was  made ;  surely  it  is  enough,  on  the  part  of  the 
American  government,  to  repeat  that  the  fact  alleged  was  never 
before  brought  to  its  knowledge  for  investigation,  disavowal,  or 
reparation.  The  silence  of  the  military  and  civil  officers  of  the 
provincial  government  of  Canada  indicates,  too,  a  sense  of  shame, 
or  a  conviction  of  the  injustice  of  the  present  reproach.  It  is 
known  that  there  could  have  been  no  other  public  edifice  for  civil 
uses  destroyed  in  Upper  Canada  than  the  house  of  the  provincial 
legislature,  a  building  of  so  little  cost  and  ornament  as  hardly 
to  merit  consideration,  and  certainly  affording  neither  parallel 
nor  apology  for  the  conflagration  of  the  splendid  structures  which 
adorned  the  metropolis  of  the  United  States.  If,  however,  that 
house  was  indeed  destroyed,  may  it  not  have  been  an  accidental 
consequence  of  the  confusion  in  which  the  explosion  of  the  maga 
zine  involved  the  town  ?  Or  perhaps  it  was  hastily  perpetrated 
by  some  of  the  enraged  troops  in  the  moment  of  anguish  for  the 
loss  of  a  beloved  commander  and  their  companions,  who  had 
been  killed  by  that  explosion,  kindled,  as  it  was,  by  a  defeated 
enemv,  for  the  sanguinary  and  unavailing  purpose.  Or,  in  fine, 
some  suffering  individual,  remembering  the  slaughter  of  his 
brethren  at  the  river  Raisin,  and  exasperated  by  the  spectacle 
of  a  human  scalp,  suspended  in  the  legislative  chamber,  over  the 
seat  of  the  speaker,  may,  in  the  paroxysm  of  his  vengeance,  have 
applied,  unauthorized  and  unseen,  the  torch  of  vengeance  and. 
destruction. 

Many  other  flagrant  instances  of  British  violence,  pillage,  and 
conflagration,  in  defiance  of  the  laws  of  civilized  hostilities,  might 
be  added  to  the  catalogue  which  has  been  exhibited ;  but  the 
enumeration  would  be  superfluous,  and  it  is  time  to  close  so 
painful  an  exposition  of  the  causes  and  character  of  the  war. 
The  exposition  had  become  necessary  to  repel  and  refute  the 
charges  of  the  prince  regent,  when,  by  his  declaration  of  Janu 
ary,  1813,  he  unjustly  states  the  United  States  to  be  the  aggress 
ors  in"  the  war,  and  insultingly  ascribes  the  conduct  of  the 
American  government  to  the  influence  of  French  councils.  It 
was  also  necessary  to  vindicate  the  course  of  the  United  States 
in  the  prosecution  of  the  war,  and  to  expose  to  the  view  of  the 
world  the  barbarous  system  of  hostilities  which  the  British 
government  has  pursued.  Having  accomplished  these  purposes, 
the  American  government  recurs  with  pleasure  to  a  contempla 
tion  of  its  early  and  continued  efforts  for  the  restoration  of  peace. 
Notwithstanding  the  pressure  of  the  recent  wrongs,  and  the  un 
friendly  and  illiberal  disposition  which  Great  Britain  has  at  all 
times  manifested  towards  them,  the  United  States  have  never 
indulged  sentiments  incompatible  with  the  reciprocity  of  good 
will  and  an  intercourse  of  mutual  benefit  and  advantage.  They 
can  never  repine  at  seeing  the  British  nation  great,  prosperous, 


MILITARY  PEACE  ESTABLISHMENT.      367 

i 

and  happy,  safe  in  its  maritime  rights,  and  powerful  in  its  means 
of  maintaining-  them ;  but,  at  the  same  time,  they  can  never 
cease  to  desire  that  the  councils  of  Great  Britain  should  be 
guided  \>j  justice  and  a  respect  for  the  equal  rights  of  other 
nations.  Her  maritime  power  may  extend  to  all  the  legitimate 
objects  of  her  sovereignty  and  her  commerce,  without  endanger 
ing  the  independence  and  peace  of  every  other  government.  A 
balance  of  power,  in  this  respect,  is  as  necessary  on  the  ocean 
as  on  the  land  ;  and  the  control  that  it  gives  to  the  nations  of  the 
world  over  the  actions  of  each  other,  is  as  salutary  in  its  opera 
tion  to  the  individual  government  which  feels  it  as  to  all  the 
governments  by  which,  on  the  just  principles  of  mutual  support 
and  defence,  it  may  be  exercised.  On  fair  and  equal  and  honor 
able  terms,  therefore,  peace  is  at  the  choice  of  Great  Britain  ; 
but  if  she  still  determine  upon  war,  the  United  States,  reposing 
upon  the  justness  of  their  cause,  upon  the  patriotism  of  their 
citizens,  upon  the  distinguished  valor  of  their  land  and  naval 
forces,  and,  above  all,  upon  the  dispensations  of  a  beneficent 
Providence,  are  ready  to  maintain  the  contest  for  the  preserva 
tion  of  the  national  independence  with  the  same  energy  and  for 
titude  which  were  displayed  in  acquiring  it. 
WASHINGTON,  February  10,  1815. 


No.  6. 

ORGANIZATION  OF  THE  MILITARY  PEACE  ESTAB 
LISHMENT  OF  THE  UNITED  STATES. 

DEPARTMENT  or  WAR,  May  17th,  1815. 

The  act  of  Congress  of  the  3d  of  March,  1815,  declares  "that 
the  military  peace  establishment  of  the  United  States  shall 
consist  of  such  proportions  of  artillery,  infantry,  and  riflemen, 
not  exceeding,  in  the  whole,  ten  thousand  men,  as  the  President 
of  the  United  States  shall  judge  proper;  that  the  corps  of  en 
gineers,  as  at  present  established,  be  retained ;  and  that  the  Pres 
ident  of  the  United  States  cause  to  be  arranged  the  officers,  non 
commissioned  officers,  musicians,  and  privates  of  the  several 
corps  of  troops  in  the  service  of  the  United  States,  iti  such 
manner  as  to  form  and  complete  out  of  the  same  the  corps  au 
thorized  by  this  act;  and  that  he  cause  the  supernumerary  officers, 
non-commissioned  officers,  musicians,  and  privates  to  be  dis 
charged  from  the  service  of  the  United  States,  from  and  after  the 
first  day  of  May  next,  or  as  soon  as  circumstances  may  permit." 


368  APPENDICES. 

The  President  of  the  United  States,  having  performed  the 
duty  which  the  law  assigned  to  him,  has  directed  that  the  organ 
ization  of  the  military  peace  establishment  be  announced  in 
general  orders ;  and  that  the  supernumerary  officers,  non-com 
missioned  officers,  musicians,  and  privates  be  discharged  from  the 
service  of  the  United  States,  as  soon  as  the  circumstances  which 
are  necessary  for  the  payment  and  discharge  of  the  troops  will 
permit. 

But  on  this  important  and  interesting  occasion,  the  President 
of  the  United  States  is  aware  that  he  owes  to  the  feelings  of  the 
nation,  as  well  as  to  his  own  feelings,  an  expression  of  the  high 
sense  entertained  of  the  services  of  the  American  army.  Leaving 
the  scenes  of  private  life,  the  citizens  became  the  soldiers  of  the 
United  States ;  the  spirit  of  a  genuine  patriotism  quickly  pervaded 
the  military  establishment;  and  the  events  of  the  war  have  con 
spicuously  developed  the  moral  as  well  as  the  physical  character 
of  an  army,  in  which  every  man  seems  to  have  deemed  himself 
the  chosen  champion  of  his  country. 

The  pacific  policy  of  the  American  government,  the  domestic 
habits  of  the  people,  and  a  long  sequestration  from  the  use  of 
arms  will  justly  account  for  the  want  of  warlike  preparation,  for 
an  imperfect  state  of  discipline,  and  for  various  other  sources  of 
embarrassment  or  disaster  which  existed  at  the  commencement 
of  hostilities ;  but  to  account  for  the  achievements  of  the  Amer 
ican  army  in  all  their  splendor,  and  for  its  efficient  acquirements 
in  every  important  branch  of  the  military  art  during  a  war  of 
little  more  than  two  years'  continuance,  it  is  necessary  to  resort 
to  that  principle  of  action  which,  in  a  free  country,  identifies  the 
citizen  with  his  government,  impels  each  individual  to  seek  the 
knowledge  that  is  requisite  for  the  performance  of  his  duty,  and 
renders  every  soldier  in  effect  a  combatant  in  his  own  cause. 

The  President  of  the  United  States  anticipated  from  the  career 
of  an  army  thus  constituted  all  the  glory  and  the  fruits  of  vic 
tory;  and  it  has  been  his  happiness  to  see  a  just  war  terminated 
by  an  honorable  peace,  after  such  demonstrations  of  valor,  genius, 
and  enterprise  as  secure  for  the  land  and  naval  forces  of  the  United 
States  an  imperishable  renown ;  for  the  citizens  the  best  pros 
pect  of  an  undisturbed  enjoyment  of  their  rights;  and  for  the 
government  the  respect  and  confidence  of  the  world. 

To  the  American  army,  which  has  so  nobly  contributed  to 
these  results,  the  President  of  the  United  States  presents  this 
public  testimonial  of  approbation  and  applause,  at  the  moment 
when  many  of  its  gallant  officers  and  men  must  unavoidably  be 
separated  from  the  standard  of  their  country.  Under  all  govern 
ments,  and  especially  under  all  free  governments,  the  restoration 
of  peace  has  uniformly  produced  a  reduction  of  the  military  es 
tablishment.  The  United  States  disbanded,  in  1800,  the  troops 


MILITARY  PEACE  ESTABLISHMENT.       369. 

which  had  been  raised  on  account  of  the  differences  with  France, 
and  the  memorable  peace  of  1783  was  followed  by  a  discharge  of 
the  illustrious  Army  of  the  Revolution.  The  frequency  or  the 
necessity  of  the  occurrence  does  not,  however,  deprive  it  of  its 
interest ;  and  the  dispersion  of  the  military  family  at  this  junc 
ture,  under  circumstances  peculiarly  affecting,  cannot  fail  to 
awaken  all  the  sympathies  of  the  generous  and  the  just. 

The  difficulty  of  accomplishing  a  satisfactory  organization  of 
the  military  peace  establishment  has  been  anxiously  felt.  The 
act  of  Congress  contemplates  a  small  but  an  effective  force,  and, 
consequently,  the  honorable  men,  whose  years  or  infirmities  or 
wounds  render  them  incapable  of  further  service  in  active  war 
fare,  are  necessarily  excluded  from  the  establishment.  The  act 
contemplates  a  reduction  of  the  army  from  many  to  a  few  regi 
ments,  and,  consequently,  a  long  list  of  meritorious  officers  must 
inevitably  be  laid  aside.  But  the  attempt  has  been  assiduously 
made  to  collect  authentic  information  from  every  source  as  a 
foundation  for  an  impartial  judgment  on  the  various  claims  to 
attention;  and,  even  while  a  decision  is  pronounced,  the  Presi 
dent  of  the  United  States  desires  it  may  be  distinctly  understood, 
that  from  the  designation  of  the  officers  who  are  retained  in  ser 
vice,  nothing  more  is  to  be  inferred  than  his  approbation  of  the 
designated  individuals,  without  derogating  in  any  degree  from 
the  fame  and  worth  of  those  whose  lot  it  is  to  retire. 

The  American  army  of  the  war  of  1812  has  hitherto  success 
fully  emulated  the  patriotism  and  the  valor  of  the  army  of  the  war 
of  1776.  The  closing  scene  of  the  example  remains  alone  to  be 
performed.  Having  established  the  independence  of  their  coun 
try,  the  Revolutionary  warriors  cheerfully  returned  to  the  walks 
of  civil  life;  many  of  them  became  the  benefactors  and  orna 
ments  of  society  in  the  prosecution  of  various  arts  and  profes 
sions  ;  and  all  of  them,  as  well  as  the  veteran  few  who  survive 
the  lapse  of  time,  have  been  the  objects  of  grateful  recollection 
and  of  constant  regard.  It  is  for  the  American  army  now  dis 
solved  to  pursue  the  same  honorable  course,  in  order  to  enjoy  the 
same  inestimable  reward.  The  hope  may  be  respectfully  in 
dulged  that  the  beneficence  of  the  legislative  authority  will  beam 
upon  suffering  merit ;  an  admiring  nation  will  unite  the  civic 
with  the  martial  honors  which  adorn  its  heroes,  and  posterity, 
in  its  theme  of  gratitude,  will  indiscriminately  praise  the  pro 
tectors  and  the  founders  of  American  independence. 
By  order  of  the  President  of  the  United  States. 

A.  J.  DALLAS, 
Acting  Secretary  of  War. 


3TO  APPENDICES. 

DEPARTMENT  OF  WAR,  8th  of  April,  1815. 

GENTLEMEN, —  The  President  of  the  United  States  has1  re 
quested  your  attendance  at  Washington  with  a  view  to  the  aid 
which  your  experience  and  information  enable  you  to  afford,  in 
forming  the  military  peace  establishment,  according  to  the  direc 
tions  of  the  act  of  Congress  passed  on  the  3d  of  March,  1815. 
I  have  the  honor,  therefore,  of  calling  your  attention  to  this  inter 
esting  and  important  business;  and  to  request  an  early  report 
upon  the  following  points,  premising  that  your  report  will  be 
considered  as  an  authentic  source  of  information,  to  which  a  just 
respect  will  be  paid  in  all  future  deliberations  upon  the  subject : 

1.  The  organization  of  the  army. 

2.  The  selection  of  the  officers. 

3.  The  military  stations. 

I.    The  Organization  of  the  Army. 

The  act  of  Congress  declares  that  the  military  peace  establish 
ment  of  the  United  States  shall  consist  of  proportions  of  artillery, 
infantry,  and  riflemen,  not  exceeding  in  the  whole  ten  thousand 
men  ;  and  that  the  corps  of  engineers  as  at  present  established 
be  retained. 

Upon  full  consideration  of  the  terms  of  the  act  and  of  the  mili 
tary  interpretation  given  to  similar  terms  on  other  occasions,  the 
President  is  of  opinion  that  the  military  peace  establishment,  so 
far  as  it  is  composed  of  artillery,  infantry,  and  riflemen,  is  to  con 
sist  of  the  number  of  ten  thousand  men,  exclusively  of  officers, 
non-commissioned  officers,  and  musicians;  and  you  will  be  pleased 
to  conform  in  your  report  to  that  opinion. 

The  proportions  of  artillery,  infantry,  and  riflemen  to  compose 
the  military  peace  establishment  of  ten  thousand  men  are  re 
ferred  to  your  consideration  ;  and  you  will  be  pleased  in  your 
report  to  furnish  the  necessary  details  for  forming  the  establish 
ment  into  brigades,  regiments,  battalions,  and  companies.  But 
it  is  proper  to  observe  that  special  provision  is  made  by  law  for 
the  organization  of  the  corps  of  artillery  as  prescribed  in  the  act 
of  the  30th  of  March,  1814;  for  the  organization  of  the  regiment 
of  light  artillery  as  prescribed  in  the  act  of  the  12th  of  April, 
1808 ;  and  for  the  organization  of  the  regiments  of  infantry  and 
riflemen  as  prescribed  in  the  act  of  the  3d  of  March,  1815. 

The  law  has  also  specially  provided  that  there  shall  be  four 
brigade  inspectors,  four  brigade  quartermasters,  and  such  num 
ber  of  hospital  surgeons  and  surgeons'  mates  as  the  service  may 
require, — not  exceeding  five  surgeons  and  fifteen  mates, — with 
one  steward  and  one  wardmaster,  to  each  hospital.  But  the 
brigade  inspectors  are  to  be  taken  from  the  line,  and  the  brigade 
quartermasters,  as  well  as  adjutants,  regimental  quartermasters, 
and  paymasters,  are  to  be  taken  from  the  subalterns  of  the  line. 


MILITARY  PEACE   ESTABLISHMENT.       371 


II.    The  Selection  of  the  Officers. 

The  reduction  of  the  military  establishment  to  the  number  of 
ten  thousand  men  indicates  the  intention  of  Congress  to  be.  that 
the  officers,  non-commissioned  officers,  and  privates  should  be 
selected  and  arranged  in  such  a  manner  as  to  form  and  complete 
an  effective  corps.  It  is,  undoubtedly,  a  painful  task  to  make  a 
discrimination  which  affects  the  interest  and  possibly  the  sub 
sistence  of  honorable  men  whose  misfortune  it  is  by  age,  by  in 
firmities,  or  by  wounds  to  be  disabled  from  rendering  further 
service  to  their  country  ;  but  the  task  must  be  performed  by  those 
who  are  charged  with  the  execution  of  the  law,  leaving  the  relief 
which  may  be  justly  claimed  by  suffering  merit  to  the  beneficent 
care  of  the  legislative  authority. 

It  is  the  opinion  of  the  President,  therefore,  that  in  the  selec 
tion  of  the  officers  to  be  retained  upon  the  military  peace  estab 
lishment,  those  only  should  be  recommended  in  your  report  for 
his  approbation  who  are  at  this  time  competent  to  engage  an 
enemy  in  the  field  of  battle. 

The  number  of  field  officers  now  in  service  amounts  to  two 
hundred  and  sixteen,  and  the  number  of  regimental  officers  now 
in  service  amounts  to  two  thousand  and  fifty-five.  Of  the  former 
about  thirty-nine,  and  of  the  latter  about  four  hundred  and  fifty, 
can  be  retained  in  service  according  to  the  provisions  of  the  act 
of  Congress  for  fixing  the  military  peace  establishment.  In  every 
grade  of  appointment  almost  every  officer  has  gallantly  performed 
his  duty.  It  is  obvious,  therefore,  that  with  respect  to  the  field 
officers  and  the  regimental  officers,  as  well  as  with  respect  to  the 
general  officers,  men  of  high  military  merit  must  unavoidably  be 
omitted  in  the  present  organization  of  the  army.  It  has  not  been, 
and  it  never  can  be,  under  such  circumstances,  a  mark  of  disre 
spect  or  a  subject  of  reproach  to  omit  the  name  of  any  officer ; 
and  the  President  wishes  it  may  be  distinctly  understood  that 
from  the  selection  of  officers  nothing  more  ought  to  be  inferred 
than  his  approbation  of  the  selected  individuals,  without  dero 
gating  in  any  degree  from  the  reputation  and  worth  of  others. 

It  is  the  President's  desire  upon  this  important  point  that  dis 
tinguished  military  merit  and  approved  moral  character  should 
•form  the  basis  of  all  the  selections  which  your  report  shall  sub 
mit  to  his  consideration.  Where,  in  these  respects,  the  claims  of 
officers  are  equal,  length  of  service,  a  capacity  for  civil  pursuits, 
and  the  pecuniary  situation  of  the  parties  may  justly  furnish 
considerations  to  settle  the  question.  And  where  neither  direct 
nor  collateral  circumstances  exist  by  which  your  judgment  can  be 
fixed,  you  will  find  a  reasonable  satisfaction,  perhaps,  in  referring 
the  decision  in  this  case,  as  is  done  in  many  similar  cases,  to  the 
chance  of  a  lottery  ;  or  you  may  submit  a  recommendatory  list, 


372  APPENDICES. 

leaving  the  selection  entirely  to  the  executive.  Great  pains  have 
been  taken  to  collect  and  preserve  the  testimonials  of  military 
merit;  and  these,  with  all  the  other  documents  of  the  department 
which  can  assist  your  inquiries,  will  be  confidentially  placed  be 
fore  you.  It  is  not  doubted,  therefore,  that  your  report  will  be  as 
advantageous  to  the  government  as  it  will  be  just  to  the  army. 
A  result  at  once  impartial  and  effective  will  not  only  correspond 
with  the  President's  views,  but  must  command  the  approbation 
of  every  honorable  mind ;  and  it  is,  in  particular,  believed  that 
an  appeal  may  be  confidently  made  in  the  performance  of  so  ar 
duous  a  duty  to  the  candor  of  your  military  brethren,  whatever 
may  be  their  personal  disappointment  or  regret. 

III.    The  Military  Stations. 

The  general  division  of  the  United  States  into  a  department 
of  the  north  and  a  department  of  the  south,  with  a  subdivision 
into  convenient  districts,  including  in  each  department  a  major- 
general,  two  brigadier-generals,  and  a  proper  proportion  of  the 
army,  will  probably  be  attended  with  practical  advantages,  and 
it  is  therefore  referred  to  your  consideration. 

The  assignment  of  a  competent  garrison  to  the  existing  forts 
and  military  stations,  and  an  apportionment  of  the  troops  to  the 
districts  according  to  the  service  which  may  be  required,  will 
engage  your  particalar  attention.  But  it  has  been  suggested  that 
some  of  the  regiments  have  obtained  a  local  character  from  the 
residence  of  the  officers,  the  enlistment  of  the  men,  and  the  scene 
of  service  during  the  war.  If,  therefore,  you  should  deem  it 
practicable  and  useful  both  in  the  selection  of  officers  and  in  the 
assignment  of  stations  to  the  troops,  to  regard  that  character  of 
locality,  you  will  be  pleased  to  report  accordingly. 

There  are  other  important  subjects  connected  with  the  execu 
tion  of  the  act  of  Congress  of  the  3d  of  March,  1815,  wlich  I 
may  hereafter  have  occasion  to  lay  before  you ;  but  the  points 
of  this  communication  being  of  immediate  urgency,  I  shall  at 
present  close  the  general  views  which  I  have  taken  of  them  with 
an  assurance  that  you  may  command  all  the  information  and  as 
sistance  that  it  is  in  my  power  to  give. 

I  have  the  honor  to  be,  very  respectfully,  gentlemen,  your  most 
obedient  servant, 

A.  J.  DALLAS,  Acting  Secretary  of  War. 

Major-Generals  BROWN,  JACKSON,  SCOTT,  GAINES,  MACOMB, 
and  RIPLEY. 


MILITARY  PEACE   ESTABLISHMENT.      373 

DEPARTMENT  or  WAR,  April  17,  1815. 

GENTLEMEN, — I  proceed  to  state  some  additional  views  con 
nected  with  the  execution  of  the  act  of  Congress  fixing  the  mili 
tary  peace  establishment. 

I.   Corps  belonging  to  the  army  which  are  not  expressly  re 
tained  by  the  provisions  of  the  act  are  to  be  discharged. 
The  corps  expressly  provided  for  are  : 

1.  The  corps  of  artillery. 

2.  The  regiment  of  light  artillery. 

3.  The  corps  of  engineers. 

4.  "Regiments  of  infantry  and  riflemen. 
The  corps  not  provided  for  are : 

1.  The  regiment  of  light  dragoons. 

2.  The  Canadian  volunteers. 

3.  The  sea  fencibles. 

II.  The  officers  of  the  general  staff  employed  in  the  command, 
discipline,  and  duties  of  the  army  who  are  not  expressly  retained 
by  the  provisions  of  the  act,  are  to  be  discharged. 

The  officers  provided  for  are  : 

1.  Two  major-generals,  with  two  aids-de-camp  each. 

2.  Four  brigadier-generals,  with  one  aid-de-camp  each. 

3.  Four  brigade  inspectors. 

4.  Four  brigade  quartermasters. 
The  officers  not  provided  for  are : 

1.  All  the  general  officers  except  the  six  above  mentioned. 

2.  All  the  officers  of  the  adjutant-general's  department. 

3.  All  the  officers  of  the  inspector-general's  department,  four 
brigade  inspectors  being  substituted. 

4.  All  the  officers  of  the  quartermaster's  department,  four  bri 
gade  quartermasters  being  substituted. 

5.  All  the  officers  of  the  topographical  department. 

III.  Departments  which  do  not  form  a  constituent  part  of  the 
army  are  preserved,  except  so  far  as  the  act  of  Congress,  by 
express   provision   or  by   necessary  implication,  introduces   an 
alteration. 

1.  The  Ordnance  Department  is  preserved.     It  is  a  distinct 
establishment,  with  a  view  to  a  state  of  peace  as  well  as  a  state 
of  war.     It  is  not  affected  by  any  express  provision  in  the  act 
of  Congress,  and  it  is  an  object  of  the  appropriations  made  for 
the  military  peace  establishment. 

2.  The  Purchasing  Department  is  preserved  for  similar  rea 
sons. 

3.  The  Pay  Department  is  preserved  with  specific  modifica 
tions.     The  act  of  Congress  expressly  provides  for  the  appoint 
ment  of  regimental  paymasters.     The  office  of  district  paymaster 


374  APPENDICES. 

and  assistant  district  paymaster  is  abolished ;  but  the  act  of  the 
18th  of  April,  1814,  which  continues  in  force  for  one  year  after 
the  war,  is  not  repealed,  nor  affected  in  any  other  manner  than 
has  been  mentioned  by  the  act  of  the  3d  of  March,  1815.  It  is 
seen,  therefore,  that  the  act  of  the  16th  of  March,  1802,  fixing 
the  military  establishment,  constituted  the  office  of  paymaster  of 
the  army,  seven  paymasters,  and  two  assistants ;  and  that  the 
act  of  the  18th  of  April,  1814,  recognizes  the  office  of  paymaster 
of  the  army,  and,  in  lieu  of  a  monthly  compensation,  allows  the 
paymaster  an  annual  salary  of  two  thousand  dollars,  payable 
quarterly  at  the  treasury.  The  former  act  is  of  indefinite  con 
tinuance,  and  the  latter  will  continue  in  force  until  the  17th  of 
February,  1816.  Nor  does  the  act  of  the  3d  of  March,  1815, 
affect  the  office  of  deputy  paymaster-general ;  the  act  of  the  6th 
of  July,  1812,  providing  that  to  any  army  of  the  United  States, 
other  than  that  in  which  the  paymaster  of  the  army  shall  serve, 
the  President  may  appoint  one  deputy  paymaster-general,  to  be 
taken  from  the  line  of  the  army,  and  each  deputy  shall  have  a 
competent  number  of  assistants. 

4.  The  Office  of  Judge  Advocate  is  preserved.     The  act  of  the 
llth  of  January,  1812,  provides  that  there  shall  be  appointed  to 
each  division  a  judge  advocate.     The  act  of  the  3d  of  March, 
1815,  neither  expressly  nor  by  necessary  implication  repeals  that 
provision. 

5.  The  Chaplains  are  preserved.     The  act  of  the  llth  of  Jan 
uary,  1812,  provides  that  there  shall  be  appointed  to  each  brigade 
one  chaplain.     The  act  of  the  3d  of  March,  1815,  neither  ex 
pressly  nor  by  necessary  implication  repeals  that  provision. 

6.  The  Hospital  Department  is  not  preserved.     The  act  of  the 
3d  of  March,  1815,  provides  for  regimental  surgeons  and  sur 
geons'  mates,  and  for  such  number  of  hospital  surgeons  and  sur 
geons'  mates  as  the  service  may  require,  not  exceeding  five  sur 
geons  and  fifteen  mates,  with  one  steward  and  one  wardmaster 
to  each  hospital.     From  this  specific  arrangement  it  is  necessa 
rily  implied  that  the  physician  and  surgeon-general,  the  assistant 
apothecaries'  general,  and  all  the  hospital  surgeons  and  surgeons' 
mates,  except  the  above  specified  number,  are  to  be  discharged. 
The  physician  and  surgeon-general  and  the  apothecary-general 
were  appointed  the  better  to  superintend  the  medical  and  hos 
pital  establishment  of  the  army  of  the  United  States  under  the 
act  of  the  3d  of  March,  1813 ;  and  the  act  of  the  30th  of  March, 
1814,   authorized  the  President  to  appoint  so   many  assistant 
apothecaries  as  the  service  might  in  his  judgment  require.     The 
occasion  for  the  appointments  under  both  acts  has  ceased ;  and 
the  act  of  the  3d  of  March,  1815,  meant  to  provide  a  substitute 
for  the  whole  department,  according  to  the  demands  of  the  peace 
establishment. 


MILITARY  PEACE  ESTABLISHMENT.       375 

7.  The  Military  Academy  is  preserved.  The  act  of  the  3d  of 
March,  1815,  provides  that  the  corps  of  engineers,  as  at  present 
established,  shall  be  retained.  By  the  act  of  the  16th  of  March, 
1802,  ten  cadets  were  assigned  to  the  corps  of  engineers;  by 
the  act  of  the  29th  of  April,  1812,  the  cadets,  whether  of  artil 
lery,  cavalry,  riflemen,  or  infantry,  were  limited  to  the  number 
of  two  hundred  and  fifty,  who  might  be  attached  by  the  Presi 
dent  as  students  to  the  military  academy ;  but  the  act  of  the  3d 
of  March,  1815,  declares  that  the  regiment  of  light  artillery  shall 
have  the  same  organization  as  is  prescribed  by  the  act  passed  the 
12th  of  April,  1808,  and  by  that  act  two  cadets  are  to  be  attached 
to  each  company.  It  is  therefore  to  be  considered  that  there  are 
two  hundred  and  fifty  cadets  attached  to  the  military  academy 
under  the  establishment  of  the  act  of  the  29th  of  April,  1812, 
and  twenty  cadets  attached  to  the  regiment  of  light  artillery. 

Upon  this  analysis  of  the  act  of  Congress  for  fixing  the  mili 
tary  peace  establishment,  the  President  wishes  to  receive  any 
information  which  you  think  will  tend  to  promote  the  public 
service  in  reference  to  the  following  inquiries  : 

1.  The  best  arrangements  to  adapt  to  the  peace  establishment 
the  ordnance  department,  the  purchasing  department,  the  pay 
department,  and  the  military  academy. 

2.  The  arrangements  best  adapted  to  render  the  medical  estab 
lishment  competent  to  the  garrison  as  well  as  to  the  regimental 
service. 

It  is  obvious  that  considerable  difficulty  will  arise  if  the  adju 
tant-general's  and  the  quartermaster-general's  departments  should 
be  immediately  and  entirely  abolished,  and  if  the  garrison  sur 
geons  should  be  immediately  discharged.  The  President  is  de 
sirous  to  execute  the  act  of  Congress,  as  far  as  it  is  practicable 
and  safe,  on  the  1st  of  May  next ;  but  he  is  disposed  to  take  the 
latitude  which  the  act  allows  in  cases  that  clearly  require  a  con 
tinuance  of  the  offices  for  the  necessary  public  service.  You  will 
be  pleased  therefore  to  state, — 

1.  Whether,  in  your  judgment,  the  continuance  of  the  office  of 
adjutant  and  inspector-general  is  necessary  for  the  public  service. 

2.  Whether,  in  your  judgment,  the  continuance  of  any  and 
which  of  the  offices  in  the  quartermaster's  department  is  neces 
sary  for  the  public  service. 

3.  Whether,  in  your  judgment,  the  continuance  of  any  and 
which  of  the  offices  in  the  medical  department,  not  expressly 
provided  for  by  the  law,  is  necessary  for  the  public  service. 

I  have  the  honor  to  be,  gentlemen,  very  respectfully,  your 
most  obedient  servant, 

A.  J.  DALLAS,  Acting  Secretary  of  War. 

Major-Generals  BROWN,  JACKSON,  SCOTT,  GAINES,  MACOMB, 
and  KIPLEY. 


376  APPENDICES. 

DEPARTMENT  OF  WAR,  12th  of  May,  1815. 

The  Acting  Secretary  of  War  has  the  honor  to  submit  to  the 
President  of  the  United  States  the  following  report : 

That  the  act  of  Congress,  entitled  "An  act  fixing  the  military 
peace  establishment  of  the  United  States,"  passed  on  the  3d  of 
March,  1815,  provided  that,  after  the  corps  constituting  the  peace 
establishment  was  formed  and  completed,  the  supernumerary 
officers,  non-commissioned  officers,  musicians,  and  privates  should 
be  discharged  from  the  service  of  the  United  States  from  and 
after  the  first  day  of  May  ensuing  the  date  of  the  act,  or  as  soon 
as  circumstances  might  permit.  But  it  was  soon  found  imprac 
ticable  to  obtain  from  all  the  military  districts  the  information 
which  was  requisite  to  do  justice  to  the  army  and  to  the  nation 
in  reducing  the  military  establishment  from  a  force  of  (sixty  ?) 
thousand  men  to  a  force  of  ten  thousand  men  so  early  as  the  first 
of  May.  And  it  is  obvious  that  circumstances  do  not  even  yet 
permit  the  entire  reduction  contemplated  by  the  act  of  Congress 
with  regard  to  the  settlement  of  the  numerous  accounts  depend 
ing  in  the  quartermaster,  commissary,  and  pay  departments,  and 
the  medical  care  of  the  troops  at  the  many  military  stations  to 
which  they  must  be  apportioned. 

That  having,  however,  diligently  collected  from  every  proper 
source  of  information  the  necessary  materials  for  deciding  upon 
the  various  subjects  involved  in  the  execution  of  the  act  of  Con 
gress,  and  having  obtained  from  the  board  of  general  officers 
convened  at  Washington  the  most  valuable  assistance,  the  Act 
ing  Secretary  of  War  respectfully  lays  the  result  before  the  Pres 
ident  of  the  United  States  in  the  form  of  four  general  orders,  to 
be  issued  from  this  department : 

No.  1.  A  general  order  announcing  the  military  divisions  and 
departments  of  the  United  States,  the  corps  and  regiments  con 
stituting  the  military  peace  establishment,  and  the  distribution 
and  apportionment  of  the  troops. 

No.  2.  A  general  order  announcing  the  army  register  for  the 
peace  establishment,  including  the  officers  provisionally  retained 
in  service,  until  circumstances  shall  permit  their  discharge. 

No.  3.  A  general  order  directing  the  supernumerary  officers 
non-commissioned  officers,  musicians,  and  privates  to  be  paid, 
and  discharging  them  from  the  service  of  the  United  States,  on 
the  15th  day  of  June  next,  or  as  soon  thereafter  as  the  payment 
can  be  completed,  provided,  1st,  that  such  officers  of  every  rank 
as  may  be  necessary  to  supply  vacancies  created  by  resignations 
on  the  first  organization  of  the  corps  and  regiments  for  the  peace 
establishment  shall  be  deemed  to  be  in  service  for  that  purpose 
alone  ;  and  2d,  that  paymasters,  quartermasters,  commissaries, 
and  other  officers  who  have  been  charged  with  the  disbursement 
of  public  money,  shall  be  deemed  to  be  in  service  for  the  single 


LETTERS   OF  MR.  S.  DUPONOEAU.          377 

purpose  of  rendering  their  accounts  for  settlement  within  a  rea 
sonable  time. 

No.  4.  A  general  order  requiring  the  major-generals  to  assume 
the  command  of  their  respective  divisions,  and  to  proceed  to  form 
and  distribute  the  corps  and  regiments  for  their  respective  com 
mands,  according  to  the  system  announced  for  the  military  peace 
establishment. 

All  which  is  respectfully  submitted. 

A.  J.  DALLAS,  Acting  Secretary  of  War. 

The  President  of  the  United  States. 

JAMES  MADISON. 
Approved  May  15,  1815. 


LETTEES  OF  MK.  STEPHEN  DUPONCEAU. 


PHILADELPHIA,  23  October,  1814. 

DEAR  SIR, — Permit  me  to  offer  you  my  most  sincere  con 
gratulations  on  the  brilliant  manner  in  which  yon  have  entered 
on  the  duties  of  your  new  office.  I  expected  it  of  you,  and  my 
hopes  have  not  been  disappointed.  Genius  is  always  in  its 
proper  place  where  there  are  difficulties  to  overcome  and  re 
sources  to  be  created.  The  plan  contained  in  your  excellent 
report  does  both.  As  far  as  I  have  been  able  to  see,  it  meets 
with  the  approbation  of  all  reflecting  men.  It  is  traced  with  the 
steadiness  of  a  master's  hand.  You  have  probed  to  the  quick 
the  festering  wounds  of  our  financial  system,  and  discarding 
palliatives  and  nostrums,  you  have  pointed  out  a  severe,  but  the 
only  remedy,  from  which  success  may  be  reasonably  hoped. 
Your  reasoning  on  the  indispensable  necessity  of  adopting  the 
bank  system  is  conclusive,  and  were  the  point  of  constitution 
ality  still  doubtful,  it  must  be  practically  construed.  And  who 
can  hesitate  to  adopt  that  construction  which  the  safety  of  the 
state  imperiously  requires  ?  I  hope  the  subject,  after  so  fatally 
encountering  theoretical  difficulties,  will  not  now  strike  on  prac 
tical  ones.  You  have  a  sea  full  of  shoals  to  steer  your  bark 
through,  and  I  trust  in  the  skill  of  the  pilot  and  in"  the  good 
sense  of  the  moneyed  men  of  the  nation. 

25 


378  APPENDICES. 


ii. 

PHILADELPHIA,  2  November,  1814. 

DEAR  SIR, — To  the  pleasure  which  I  always  feel  in  receiving 
a  letter  from  you,  you  have  abided  flattering  expressions  of 
esteem  which  elevate  my  pride,  and  a  full  and  satisfactory 
answer  to  my  little  personal  requests :  so  that  you  have  made 
the  favor  as  complete  as  it  could  be.  I  feel  it  as  I  ought,  and, 
"  cum  tot  sustineas  et  tanta  negotia,"  I  shall  not  expect,  nay, 
as  a  good  patriot,  I  shall  not  wish  to  divert  you  from  the  impor 
tant  affairs  trusted  to  your  care  to  advert  to  my  idle  correspond 
ence.  I  shall  only  not  despair  that  at  some  of  the  least  busy 
moments  (if  such  there  are)  you  will  recollect  that  the  great  Fred 
erick  sometimes  relaxed  his  mind  by  writing  to  his  literary  friends. 

For  my  part,  if  I  occasionally  address  you,  it  will  be  princi 
pally  to  remind  you  of  my  constant  attachment.  You  are  polite 
enough  to  ask  for  my  opinions  and  advice.  The  latter  you  do 
not  want,  and  as  for  my  opinions,  you  must  first  "commit  some 
faults,"  and  then  they  will  be  at  your  service.  A  continued 
strain  of  approbation  would  be  so  much  like  flattery  that  it 
would  be  as  disgusting  to  you  as  irksome  to  me.  It  will  not  be, 
I  hope,  considered  in  that  light,  when  I  tell  you  with  the  great 
est  truth  that  the  measures  of  the  administration  in  general,  and 
those  which  are  more  peculiarly  to  be  ascribed  to  you,  appear  to 
me  to  be  well  adapted  to,  and  commensurate  with,  the  exigencies 
of  the  times,  and  bear  that  stamp  of  decision  and  grandeur 
which  becomes  the  nation  which  has  honored  you  with  its  most 
important  trusts.  As  to  the  war  and  its  concerns,  you  have 
very  properly  considered  that  a  powerful  enemy  is  only  to  be 
resisted  by  force,  and  that  force  consists  of  men  and  money.  As 
to  the  mere  internal  concerns  of  the  state,  you  have  also  been 
convinced  that  the  intrigues  of  faction  are  to  be  counteracted 
only  by  the  exertion  of  the  legal  authority,  in  the  form  of  great 
and  comprehensive  measures  affecting  all  the  citizens  alike,  but 
calculated  to  operate  on  the  malcontents  so  as  ultimately  to  de 
feat  their  purposes.  I  therefore  wish  success  to  all  your  plans, 
convinced  as  I  am  that  it  is  by  them,  and  by  them  only,  that  the 
country  is  to  be  saved. 

You  do  not  expect,  I  imagine,  to  find  your  path  strewed  with 
roses.  I  am  told  that  your  bank  system  is  to  meet  with  opposi 
tion  from  a  quarter  whence  it  should  not  be  expected.  I  hope  it 
will  not  be  so,  and  that  the  casuists  will  dispel  their  ill-timed 
scruples.  Here  I  have  heard  of  no  objections  to  the  plan,  ex 
cept  to  such  of  its  details  as  seem  most  particularly  to  affect 
party  feelings,  such  as  the  nomination  by  our  executive  of  the 
president  of  the  institution.  Candid  Federalists  acknowledge 


LETTERS    OF  ME.  S.  DUPONCEAU.         379 

that  the  administration  has  a  right  to  be  represented  in  the  di 
rection,  though  some  have  expressed  a  wish  that  provision 
should  be  made  for  the  case  of  government  parting  with  all  its 
stock,  as  it  has  done  once  before.  Then,  say  they,  the  adminis 
tration,  ceasing  to  be  a  stockholder,  would  cease  to  be  entitled 
to  a  representation.  There  are  obvious  answers  to  this  reason 
ing,  drawn  from  other  parts  of  the  system ;  but  I  give  you  the 
objection  as  it  is  made.  The  public  debt  rose  some  days  ago  to 
80.  I  have  not  heard  of  its  having  risen  since.  I  believe  it  is  at 
present  at  a  stand.  There  will  be  intrigues,  no  doubt,  to  prevent 
the  moneyed  men  from  subscribing,  but  if  I  can  venture  an  opinion, 
a  firm  and  decided  perseverance  in  the  plan  will  defeat  them. 

In  reading  over  the  treaty  of  Utrecht,  I  find  that  France  has 
indirectly  acknowledged  the  territorial  jurisdiction,  or  rather  the 
marine  jurisdiction,  of  England  to  extend  to  the  distance  of 
thirty  leagues  from  the  coast  of  Nova  Scotia  for  the  purpose  of 
the  fisheries.  France,  I  think,  by  the  fifteenth  article,  cedes 
Nova  Scotia  to  Great  Britain,  and  at  the  same  time  stipulates 
that  her  subjects  shall  not  fish  within  thirty  leagues  from  the 
coast  of  that  colony,  beginning  from  Cape  Sable.  I  have  seen 
much  more  in  various  places  that  points  to  a  different  extent  of 
marine  jurisdiction  for  different  purposes,  say,  for  instance,  three 
miles  or  one  league  to  preserve  the  peace,  four  leagues  to  pre 
vent  smuggling,  a  greater  distance,  perhaps,  to  fix  buoys,  light 
houses,  etc.,  and  lastly,  for  the  purpose  of  fisheries.  This  may, 
hereafter,  make  a  subject  of  controversy  between  us  and  Great 
Britain  unless  fixed  by  treaty. 

i  am  sorry  to  observe  that  the  reasonings  of  Pacificus  (who 
is  said  to  be  Mr.  Lowell,  of  Boston)  produce  more  effect  here 
than  I  should  have  imagined.  I  have  no  doubt  that  it  will  be 
reprinted  in  England  in  a  pamphlet  as  an  American  work,  and 
scattered  through  the  continent,  where  it  will  not  fail  to  produce 
a  strong  impression  against  us,  for  you  cannot  estimate  too  low 
the  information  of  European  cabinets  on  American  affairs.  The 
elegant  piece  on  the  Silesia  loan,  which  we  all  know,  made  even 
the  great  Montesquieu  call  it  a  "reponse  sans  replique,"  though 
England  was  clearly  wrong  under  the  circumstances  of  the  case, 
without  affecting  at  all  the  general  principles  which  the  docu 
ment  involves.  When  Great  Britain  first  broached  her  rule  of 
1756,  her  writings  on  the  subject  were  not  answered  by  any 
writer  of  eminence  on  the  continent,  not  even  in  France,  who 
was  so  much  affected  by  it.  Even  Hubner,  who  wrote  at  Paris 
in  1759,  under  the  influence,  and,  I  believe,  in  the  pay  of  France, 
was  at  a  loss  what  to  say  upon  the  subject,  and  more  than  half 
approved  of  the  measure.  All  this  is  lamentably  true,  and 
points  to  the  necessity  of  counteracting  the  effects  of  the  publi 
cation  of  Pacificus. 


380  APPENDICES. 


in. 

7  December,  1814. 

DEAR  SIR, — I  cannot  lose  sight  of  you,  though  I  have  nothing 
to  write  that  is  worth  reading.  Information  I  cannot  give,  en 
tertainment  less.  But  if  I  can  cheer  you  for  a  moment  on  your 
Ixionic  wheel,  I  shall  have  answered  my  purpose. 

I  have  read  with  a  dreadful  pleasure  your  letter  to  the  Chair 
man  of  the  Committee  of  Ways  and  Means  on  the  subject  of 
treasury  notes.  I  cannot  compare  the  sensations  which  it  excited 
in  me  to  anything  else  than  to  those  I  feel  on  reading  Dante's 
Inferno.  Scenes  of  horror  ably  and  beautifully  described,  but 
still  scenes  of  horror.  And  these  are  the  scenes  to  which  you 
have  wedded  yourself  for  your  country's  sake  !  I  admire  your 
self-devotion  and  your  fortitude,  and  ardently  wish  that  you  may 
infuse  it  into  others.  But  there  are  those  who  will  not  sacrifice 
even  the  little  pride  of  a  miserable  opinion,  often  not  their  own. 
You  will  persist,  I  hope,  for  all  your  powers  are  wanted  at  this 
critical  moment.  Perseverance  is  the  mother  of  wonders.  We 
stand  here  in  trembling  expectation  of  something  to  be  done  for 
the  relief  of  our  financial  embarrassments  ;  the  negotiations  at 
Ghent  and  Vienna  are  of  minor  consequence  compared  with  this 
great  object;  the  result  of  the  bank  measure  will  determine  the 
fate  of  our  preparations  for  the  next  campaign,  of  the  campaign 
itself,  of  the  war,  perhaps,  and  who  knows  how  far  it  may  yet 
influence  the  future  destinies  of  this  nation  ? 

Our  militia  has  been  disbanded  this  morning  for  the  season. 
I  am  told  they  are  gone  home  without  pay.  Great  fears  are 
entertained  here  by  the  public  stockholders  for  next  quarter-day. 
All  business  is  at  a  stand  No  goods  hardly  of  any  description 
bought  or  sold.  The  speculators  are  in  a  perfectly  torpid  state. 

This  state  of  complete  apathy  is  to  me  incomprehensible. 
There  are  many  who  entertain  hopes  of  peace  from  the  appar 
ently  improved  state  of  the  negotiations  at  Ghent.  Those  who 
were  frightened  by  sine  qua  non  are  lulled  asleep  by  uti  possi- 
detis;  as  if  one  bugbear  was  not  as  good  as  another  for  our 
enemy's  purposes.  I  believe  it  is  indifferent  to  them  which  of 
the  hard  terms  of  the  science  of  negotiation  they  make  use  of, 
provided,  it  has  the  effect  of  keeping  the  apparent  discussion  on 
foot  as  long  as  they  please.  If  the  time  should  come  when  it 
will  be  expedient  for  them  to  conclude  a  peace,  they  will  not  be 
at  a  loss  for  a  jump  which  will  bring  them  precisely  to  the 
ground  that  will  suit  them.  They  know  how  to  dance  on  the 
tight  as  well  as  on  the  slack  rope.  I  have  never  seen  such  an 
harlequinade  as  this  negotiation  exhibits  on  their  part. 

Our  negotiators  have  exhibited  in  their  diplomatic  correspond 
ence  the  greatest  ability.  Their  letters  are  admirable  when  con- 


LETTERS   OF  MR.  S.  DUPONCEAU.         381 

sidered  in  the  light  of  an  appeal  to  the  impartial  world,  and  the 
British  negotiators  will  have  reason  to  blush  for  their  glaring 
inconsistency,  and  will  be  laid  under  the  necessity  of  either 
avowing  that  they  have  been  all  the  while  trifling  with  us,  or  of 
submitting  to  imputations  which  no  government  that  respects 
itself  will  be  willing  to  deserve. 


IV. 

14  December,  1814. 

DEAR  SIR, — Your  unexpected  favor  of  the  10th  instant  has 
given  me  great  pleasure.  I  say  "  unexpected,"  for  I  knew  all 
the  burthens  that  you  labor  under,  and  when  I  hesitate  to  give 
you  the  additional  trouble  of  reading  a  letter  from  me,  it  is  pecu 
liarly  gratifying  to  me  to  receive  an  answer  from  you. 

I  hope  you  begin  with  me  to  anticipate  the  triumph  which,  to 
a  mind  like  yours,  will  be  an  ample  reward  for  your  patriotic 
labors.  The  confusion  produced  by  the  astonishment,  and  other 
passions,  excited  by  your  first  official  acts,  is  beginning  to  sub 
side;  by  repeated  strokes  you  have  commanded  and  received  an 
attention  less  and  less  disturbed  by  the  meaner  feelings.  You 
have  even  in  a  great  measure  tamed  the  Cerberus  of  party,  and 
the  happiest  general  results  may  be  expected  from  the  union  of 
the  patriots  and  judicious  men  of  both  the  great  political  denom 
inations,  which  has  manifested  itself  in  favor  of  your  financial 
plans.  Of  all  the  departments  of  government,  yours  has  singly, 
as  yet,  obtained  that  triumph.  For  I  consider  Mr.  Hanson's 
speech  of  the  29th  ult.  as  a  brilliant  trophy  of  victory.  You  will 
hear  with  pleasure  that  it  has  given  the  tone  to  the  leading  Fed 
eralists  of  this  State,  and  that  it  is  now  evident  that  the  Eastern 
projectors  are  to  receive  no  support  from  this  quarter.  Indeed, 
their  measures  are  now  openly  blamed,  nay,  deprecated  by  men 
who,  not  long  ago,  sought,  at  least,  to  palliate  them. 

I  have  no  hesitation  in  ascribing  all  these  favorable  appear 
ances  to  your  masterly  exertions.  If  the  country  will  unite  in 
strong  constitutional  measures  there  will  be  no  necessity  for 
extra-constitutional  ones.  You  know  that  our  constitution  can 
do  much  under  skilful  Irands.  Continue,  then,  to  strike  home, 
excite  and  vivify  all  around  you.  I  may  be  partial,  I  may  be 
sanguine,  but  I  think  your  success  inevitable. 

When  you  went  into  office  there  were  many  who  did  not  be 
lieve  that  a  lawyer  could  become  suddenly  &  financier.  It  would 
have  been  in  vain  to  ask  those  men  where  Gallatin,  Wolcott, 
Hamilton,  Pitt  had  served  their  apprenticeship,  and  why  the 
great  nations  of  Europe  did  not  put  the  first  clerks  in  their  offices 


382  APPENDICES. 

at  the  head  of  their  respective  departments.  Such  men  must 
see  to  be  convinced;  but  I  have  heard  lately  no  more  of  this 
stuff. 


v. 

4  January,  1815. 

DEAR  SIR, — In  complying  with  the  desire,  which  you  have  in 
so  friendly  a  manner  expressed,  that  I  should  occasionally  write 
to  you,  I  have  no  object  in  view  but  to  divert  your  mind  from 
the  oppressive  burthens  under  which,  in  times  like  these,  and  in 
a  situation  like  yours,  it  must,  of  necessity,  incessantly  labor. 
Although  you  are  endowed  with  more  than  ordinary  fortitude, 
this  virtue  has  its  bounds,  and  humanity  now  and  then  will 
claim  its  rights.  Still,  I  hope  you  will  persevere,  tenax  propo- 
siti,  as  I  have  always  known  you  to  be,  and  who  knows  but  suc 
cess  will  at  last  crown  your  honorable  efforts?  Tume  quod  op- 
tanti,  etc. 

Availing  myself  of  the  ample  leisure  with  which  the  circum 
stances  of  the  times  have  liberally  favored  me,  I  have  thought 
that  I  could  not  employ  my  time  better  than  in  studying  such 
parts  of  our  history  as  might  tend  to  elucidate  the  events  of  the 
day;  I  therefore  turned  my  attention  to  the  war  of  1755.  In 
the  public  library  of  this  city,  and  in  my  own,  I  found  sufficient 
materials  to  gratify  my  utmost  wishes.  My  curiosity  was  first 
arrested  by  the  correspondence  of  General  Braddock  with  his  own 
government,  from  the  time  of  his  arrival  in  Virginia  to  that  of 
his  defeat.  He  had  been  sent,  you  know,  to  make  war  upon  the 
French  in  America  while  the  ministry  kept  up  the  appearance  of 
negotiation  in  Europe.  I  was  peculiarly  struck  with  what  he 
said  respecting  the  dispositions  of  the  different  colonies  to  aid  in 
the  projected  operations.  Those  of  New  England  alone,  it  seems, 
joined  heartily  with  him,  and  evinced  zeal  for  the  cause  of  the 
mother  country.  New  York  gave  her  assistance,  but  only  for 
fthe  defence  of  her  own  frontier.  Pennsylvania  and  Maryland 
refused  to  give  any  aid.  He  even  complains  that  Pennsylvania 
assisted  the  enemy  and  supplied  them  with  provisions.  Vir 
ginia  openly  resisted  the  efforts  of  her  governor  to  make  her  co 
operate  in  the  cause.  She,  however,  voted  £20,000  for  the  war, 
but  when  the  general  made  contracts  on  the  credit  of  that  money 
for  the  supply  of  the  army,  she  refused  to  carry  them  into  execu 
tion.  Of  the  Carolinas  no  mention  is  made.  "On  the  whole," 
he  says  (only  a  few  days  after  his  arrival  in  Williamsburg),  "the 
jealousy  of  the  people  and  the  disunion  of  the  colonies,  as  well 
of  all  in  general  as  of  each  in  particular,  makes  me  almost  de 
spair.  Indeed,  I  am  sorry  to  tell  you  that,  according  to  all  ap- 


LETTERS    OF  MR.  8.  DUPONCEAU.          383 

pearance,  I  shall  have  much  difficulty  to  obtain  from  these  colo 
nies  the  succors  his  Majesty  expects,  and  the  common  interest 
requires." 

The  disputes  in  the  proprietary  governments  between  the  gov 
ernors  and  the  legislatures  account,  in  some  degree,  but  not  suffi- 
•ciently  in  my  opinion,  for  these  results.  The  Quaker  spirit,  also, 
in  Pennsylvania  may  be  supposed  to  have  produced  them,  but  I 
am  not  satisfied  that  it  was  not  used  as  a  means,  instead  of  being 
itself  a  primary  cause.  However  that  may  be,  it  is  certain  that 
about  that  time  a  leading  Quaker,  who  was  Speaker  of  the  As 
sembly  of  Pennsylvania,  used  these  remarkable  words  in  debate: 
"I  had  rather  see  Philadelphia  sacked  three  times  by  the  French 
than  vote  a  single  copper  for  the  war."  This  is  not  related  in 
Braddock's  letter,  but  is  drawn  from  other  monuments  of  the 
times. 

This  feeble  sketch  is  not,  perhaps,  sufficient  to  produce  the 
same  chain  of  ideas  in  your  mind  which  has  occurred  to  me  in 
the  course  of  my  study  of  the  historical  documents  from  which 
it  is  drawn  ;  you  are,  however,  welcome  to  two  conclusions, 
which  have  appeared  to  me  necessarily  to  flow  from  the  facts 
above  stated : 

1.  That  the  primary  cause  of  the  disunion  which   manifests 
itself  at  present  between  the  different  States  is  to  be  sought  for 
in  things  existing,  not  only  antecedently  to  the  present  war,  but 
to  the  Revolution. 

2.  That  this  disunion  was  so  great  in  those  early  times  that 
common  danger,  instead  of  allaying,  rather  seemed  to  increase  it. 

To  which  we  may  add  a  third. 

3.  That  the  unwillingness  to  aid  in  the  war  was  greater  in  those 
colonies  that  were  the  most  exposed  to  the  enemy  than  in  those 
that  were  less  so,  or  rather,  indeed,  not  at  all  exposed. 

Thus  far  my  reflections  have  carried  me,  but  no  farther.  To 
discover  the  true  cause  of  the  effects  alluded  to  would  require 
much  more  study, — and  more  reflection.  This  cause  is,  no  doubt, 
complicated;  but  I  am  apt  to  believe  that  there  must  exist  some 
master  principle  which,  if  sought  for  and  discovered,  would  lead 
to  unravel  the  whole  clue.  Some  great  master  in  politics  will 
probably  discover  it,  as  Sir  Isaac  Newton  did  the  principle  of 
gravitation,  by  accident.  In  the  mean  time  we  shall  go  on  as 
cribing  everything  to  secondary  causes  ;  and,  in  seeking  a  variety 
of  remedies,  we  may,  perhaps,  stumble  upon  the  right  one. 

If  you  are  tired  of  my  lucubrations  you  may  throw  this  letter 
by,  for  I  am  going  unmercifully  to  proceed  to  another  point. 

In  pursuing  my  study  of  the  history  of  the  war  of  1755,  I  did 
not  overlook  the  negotiations  that  took  place  between  the  two 
great  contending  powers.  Those  of  1750,  1753,  1755,  and  of 
1761  (the  last  referred  to  by  our  commissioners  at  Ghent),  were 


384  APPENDICES. 

all  open  to  my  view  in  the  original  documents.  I  sought,  of 
course,  for  the  principles  maintained  from  time  to  time  by  Great 
Britain  and  France,  but  particularly  by  Great  Britain,  respecting 
the  Indians,  and  my  curiosity  was  amply  rewarded  by  the  dis 
coveries  I  made.  These  discoveries  have  lost  much  of  their  in 
terest  by  the  abandonment  of  the  sine  qua  non,  but  in  one  point- 
of  view,  at  least,  they  are  not  altogether  devoid  of  it.  You  will 
recollect  that  our  commissioners,  in  their  note  to  those  of  Britain 
of  the  26th  of  September  last,  argued  in  favor  of  our  doctrine 
respecting  the  Indians  from  the  conduct  of  the  elder  Pitt,  in  the 
negotiation  of  1761.  The  British  commissioners  in  their  reply 
told  them  that  they  were  not  well  acquainted  with  the  course  of 
that  negotiation,  otherwise  it  would  have  led  them  to  a  different 
conclusion.  They  afterwards  attempt  to  give  a  statement  of 
what  then  took  place,  which,  however,  in  spite  of  their  equivo 
cations,  of  their  confounding  facts  and  dates,  and  of  the  liberal 
use  which  they  make  of  the  utmost  resources  of  diplomacy,  does 
not  seem  to  help  them  much.  You  will  recollect,  also,  that  our 
ministers,  finding  the  principle  abandoned,  did  not  think  it  worth 
their  while  to  enter  into  a  contest  with  their  opponents  on  the 
point  of  historical  accuracy,  but  left  Mr.  Pitt  and  his  negotiation 
to  shift  for  themselves,  satisfied  with  having  so  far  succeeded  in 
their  own.  Where  their  labor  ends,  therefore,  that  of  the  his 
torical  inquirer  begins,  and  the  patriot  feels  pleasure  in  being 
able  to  vindicate  our  commissioners  from  the  charge  of  misrep 
resentation,  which  is  strongly  implied,  if  not  directly  made,  in 
the  statement  of  the  British  ministers,  which  they  have  disdained 
to  answer. 

You  will  see,  by  the  inclosed  copy  of  the  fifteenth  article  of 
the  treaty  of  Utrecht,  the  ideas  which  were  entertained  both  by 
Great  Britain  and  France  respecting  the  Indians.  I  inclose 
also,  by-the-by,  an  extract  from  an  answer  of  Shirley  and  Mild- 
may,  the  British  commissioners,  to  La  Galissoniere  and  Sithouette, 
commissioners  of  France,  for  the  settlement  of  their  controversy 
respecting  the  Caribbee  Islands.  The  French  claimed  St..  Lucia 
as  their  own,  and  argued  from  some  act  of  the  Indians  in  favor 
of  their  title.  You  will  see  what  opinion  the  British  government 
then  entertained  of  the  independennce  of  those  nations.  The 
memorial  is  dated  15th  November,  1751. 

The  negotiations  of  1750-1703  related  solely  to  the  Caribbee 
Islands  and  to  the  boundaries  of  Nova  Scotia  or  Acadia.  France 
had  ceded  the  latter  country  to  Britain  by  the  treaty  of  Utrecht, 
with  its  ancient  limits,  which  were  altogether  undefined.  Ac 
cording  to  Great  Britain,  it  included  not  only  the  peninsula  of 
Acadia  proper  but  the  whole  of  what  is  now  the  Province  of 
Maine,  at  least  from  the  Kenuebec  eastward  (the  remainder  being 
clearly  part  of  the  British  provinces),  the  whole  of  what  is  now 


LETTERS   OF  MR.  S.  DUPONGEAU.          385 

New  Brunswick,  and  all  Lower  Canada  south  of  the  St.  Law 
rence  to  somewhere  above  Quebec.  The  discussions  respecting 
these  boundaries  are  foreign  to  our  purpose,  except  so  far  that 
not  a  word  was  said  on  either  side  respecting  the  Indians,  who 
still  at  that  time  inhabited  parts  of  those  territories.  It  had  not, 
probably,  occurred  to  either  party  to  draw  an  argument  from 
their  pretended  sovereignty  and  independence. 

In  the  year  If  55  a  new  negotiation  was  set  on  foot,  not  merely 
for  the  limits  of  the  province  of  Nova  Scotia  but  for  those  of  all 
the  French  and  British  colonies  as  far  as  Virginia  ;  for  the  bound 
aries  of  the  more  southern  parts  do  not  seem  to  have  been  yet 
thought  of.  Britain  claimed  to  extend  her  limits  to  the  west 
beyond  the  Ohio,  and  towards  the  north  she  insisted  on  the 
boundary  of  the  Great  Lakes.  Here,  for  the  first  time,  France 
offered  that  the  Indian  nations  should  form  an  independent  bar 
rier  between  the  possessions  of  the  two  countries.  Britain  re 
jected  the  offer  with  disdain,  on  the  ground  that  the  Indians, 
and  particularly  the  Five  Nations,  were  her  subjects,  and  were 
recognized  as  such  by  the  treaty  of  Utrecht.  At  any  rate,  she 
said,  France  had  so  acknowledged  them,  and  her  acknowledgment 
must  operate  as  an  estoppel  against  her.  I  inclose,  for  your 
satisfaction,  some  extracts  from  the  arguments  of  the  respective 
ministers,  which  I  hope  you  will  not  think  altogether  uninter 
esting. 

But,  while  Britain  was  thus  affecting  to  negotiate,  she  did  not 
mean  to  remain  at  peace.  Braddock  had  already  sailed  for 
America,  armed  with  ample  instructions  to  make  war  against 
the  French  in  this  country.  And  yn  the  7th  of  June,  the  very 
day  of  the  date  of  the  last  British  memorial, — of  which  an  ex 
tract  is  sent  to  you, — the  most  unequivocal  hostilities  had  begun 
on  the  American  coast  by  the  capture  of  the  two  French  ships  of 
war  L'Alcide  and  Le  Lys  by  the  British  fleet,  under  the  com 
mand  of  Admiral  Boscawen. 

Thus  negotiation  was  put  an  end  to,  and  was  not  resumed  until 
the  year  1761,  and  with  no  better  effect.  This  is  the  negotiation 
to  which  our  ministers  particularly  allude.  It  ended,  you  know, 
by  producing  the  family  compact  on  the  one  side,  and  on  the 
other  the  most  vigorous  efforts  on  the  part  of  Great  Britain,  and, 
in  the  end,  that  most  complete  humiliation  of  France  and  Spain 
together  which  was  consummated  by  the  peace  of  1*763. 

Great  Britain  now  (in  1761)  had  conquered  Canada,  and 
France  had  no  hopes  of  regaining  it.  She  was,  therefore,  dis 
posed  to  sanction  the  conquest  of  that  province  by  a  formal 
cession.  Hence  France  immediately  offered  to  cede  Canada,  but 
required  that  its  limits  should  be  clearly  fixed,  as  well  as  those 
of  Louisiana  and  Virginia.  Britain, — who  wanted  all,  or  nearly 
all,  that  she  got  afterwards  by  the  treaty  of  1763,  that  is  to 


386  APPENDICES. 

say,  the  whole  left  bank  of  the  Mississippi,  but  was  not  yet  will 
ing  to  avow  it, — took  fire  at  the  proposition,  said  it  was  insidious, 
inasmuch  as  it  involved  the  principle,  which  she  was  not  disposed 
to  admit,  that  all  that  was  not  Canada  was  Louisiana,  whereby, 
she  said,  all  the  intermediate  nations,  the  true  barrier  to  each 
province,  would  be  given  up  to  France.  In  consequence,  she 
sent  her  instructions  to  Mr.  Stanley,  divulged  for  the  first  time 
in  the  note  of  the  British  commissioners  at  Ghent.  Stanley  im 
mediately  despatched  a  note,  which  he  declared  to  be  the  ulti 
matum  of  England,  in  which  he  insisted, — 

1.  That  Canada  should  be  ceded  by  France,  without  any  new 
limits. 

2.  That  Louisiana  should  not  extend  to  Virginia,  nor  to  the 
British  possessions  on  the  Ohio,  giving  as  a  reason  that  "  the 
nations  and  countries  which  lie  intermediate,  and  which  form  the 
true  barrier  between  the  said  provinces,  were  not  proper,  on  any 
account,  to  be  ceded,  directly  or  by  any  consequence,  to  France, 
even  admitting  them  to  be  included  within  the  limits  of  Lou 
isiana." 

"  Here,"  observes  the  Duke  de  Choiseul  in  his  Memoir  e  justi- 
ficatif  of  the  conduct  of  France,  "  one  might  infer  that  England 
pretended  not  only  to  keep  exclusive  possession  of  all  Canada 
but  also  to  make  herself  mistress  of  all  the  neutral  countries 
between  Canada  and  Louisiana,  to  be  nearer  at  hand  to  invade 
the  last  colony  when  she  should  think  proper." 

Thus  Great  Britain,  by  a  necessary  implication,  though  without 
saying  so,  expressly  claimed,  under  the  name  of  Canada,  the 
whole  of  the  country  north  and  east  of  the  Ohio;  and,  although 
that  country  was  at  that  time  peopled  with  savages  even  as  far 
as  the  Alleghany  Mountains,  not  a  word  is  said  about  their  neu 
trality  or  their  being  a  necessary  barrier  between  the  possessions 
of  the  two  countries :  this  demand  is  confined  to  the  most 
southern  Indians,  most  of  whom  were  clearly  within  the  limits 
of  France.  As  to  her  pretension  respecting  the  boundary  of 
Canada,  it  is  well  known  that  all  the  country  southward  and 
westward  of  Lake  Erie,  except  the  Territory  of  Michigan  and  a 
narrow  border  to  the  southward  of  that  lake,  was  always  con 
sidered  by  the  French,  when  in  possession  of  the  two  countries, 
to  belong  to  Louisiana,  and  not  to  Canada.  I  believe  the  line  of 
boundary  was  drawn  from  some  point  in  the  Miami  River. 

However  this  may  be,  the  Duke  de  Choiseul  took  the  British 
minister  at  his  word,  and  immediately  agreed  to  the  neutrality 
of  the  Indian  nations  (observe  that  the  word  "  independence"  is 
never  mentioned  by  either  party),  provided  it  should  be  reciprocal 
on  both  sides.  He  therefore  gave  in  his  ultimatum,  expressly  by 
him  so  entitled ;  and  you  will  also  observe  that  the  British  com 
missioners  at  Ghent  deny  this  fact;  and  in  this  ultimatum  he 


LETTERS    OF  ME.  S.  DUPONCEAU.          387 

agreed  at  once  to  the  proposal  of  Great  Britain.     His  words  are 
worthy  of  observation  : 

"The  king,"  says  he,  "has  in  no  part  of  his  memorial  of  pro 
positions  affirmed  that  all  which  did  not  belong  to  Canada  apper 
tained  to  Louisiana.  On  the  contrary,  France  demands  that  the 
intermediate  nations  between  Canada  and  Louisiana,  as  also 
between  Virginia  and  Louisiana,  shall  be  considered  as  neutral 
nations,  independent  of  the  sovereignty  of  the  two  crowns,  and 
serve  as  a  barrier  between  them." 

Britain  was  now  taken  in  her  own  snare.  To  get  rid  of  the 
proposal  for  the  independence  of  the  Indians  north  of  the  Ohio 
she  was  driven  to  the  wretched  resource  of  a  false  allegation. 
She  asserted  in  her  reply  that  Mr.  de  Vaudreuil,  the  governor  of 
Canada,  had,  when  he  capitulated,  given  up  the  country  by  metes 
and  bounds  to  the  whole  extent  of  the  limits  claimed.  This  Mr. 
de  Vaudreuil  solemnly  and  peremptorily  denied,  and  his  denial, 
published  in  the  Annual  Register  for  the  year  1761,  was  never 
replied  to.  It  is  accompanied  with  such  details  of  particular 
facts  as  impress  it  with  the  stamp  of  truth,  and  of  course  fix 
direct  and  downright  falsehood  on  the  British  ministry  of  that 
day. 

As  to  the  southern  Indians,  Great  Britain  now  declared  her 
views,  which  till  then  had  been  obscurely  expressed,  in  the  clear 
est  and  most  explicit  manner.  They  were  to  be  neither  neutral 
nor  independent,  but  to  be,  as  she  pretended  they  had  been  before, 
under  the  protection  of  the  British  government.  Here  are  the 
words  of  Mr.  Pitt,  to  which  our  commissioners  more  particularly 
allude  in  their  letter  above  referred  to : 

"  The  line  proposed  to  fix  the  bounds  of  Louisiana  (a  line  to 
be  drawn  northward  from  the  Perdido)  cannot  be  admitted,  be 
cause  it  would  comprise  on  the  side  of  the  Carolinas  very  exten 
sive  countries  and  numerous  nations  who  have  always  been 
reputed  to  be  under  the  protection  of  the  king,  A  RIGHT  which 
his  Majesty  has  no  intention  of  renouncing  ;  and  then  the  king, 
for  the  advantage  of  peace,  might  consent  to  leave  the  interme 
diate  countries  under  the  protection  of  Great  Britain,  and  par 
ticularly  the  Cherokees,  the  Creeks,  the  Chickasaws,  the  Choc- 
taws,  and  another  nation  situate  between  the  British  settlements 
and  the  Mississippi." 

After  receiving  this  note,  France  made  another  and  a  last  effort 
for  peace.  She  offered  to  cede  Canada  with  the  utmost  extent 
claimed  by  Great  Britain,  and  that  the  Indian  nations  should  be 
neuter  and  independent, — those  within  the  British  line  under  the 
protection  of  England,  the  others  under  the  protection  of  France. 
Great  Britain  answered  this  note  by  sending  to  M.  Bussy,  the 
French  commissioner,  his  passports,  and  breaking  suddenly  the 


388  APPENDICES. 

negotiation,  because  France  had  refused  to  agree  to  the  ulti 
matum  proposed  by  Great  Britain. 

With  this  statement  of  facts  you  may  now  have  a  complete 
view  of  the  merits  of  the  discussion  between  our  ministers  and 
those  of  Great  Britain  on  *the  subject  of  the  negotiation  of  1761, 
and  the  inference  which  the  former  drew  from  it. 


VI. 

5  January,  1814. 

DEAR  SIR, — The  bank  bill  I  find  has  been  rejected  by  a  ma 
jority  of  one  vote.  I  hope  you  will  make  one  more  effort  to 
defeat  the  intrigues  of  your  opponents.  Your  majority  must 
take  heart,  give  up  their  ridiculous  scruples,  and  unite  under  the 
single  motto,  Fill  the  ranks :  fill  the  purse.  This  is  extremely 
plain,  and  requires  not  to  be  elucidated  by  long  speeches. 

It  seems  to  me  that  the  war  made  upon  us  both  by  our  internal 
and  external  enemies  is  a  war  of  bugaboos.  At  home  the  buga 
boos  are  conscription  and  unconstitutionality,  supported  by  the 
great  bugaboo  of  bugaboos,  the  Hartford  Convention.  Abroad 
the  bugaboos  of  last  campaign  were  Lord  Hill  and  his  paper 
army.  Afterwards  came  the  sine  qua  nons,  the  uti  possidetis, 
and  all  the  host  of  diplomatic  magical  words.  The  bugaboo  of 
the  day  is  the  New  Orleans  expedition  on  the  one  hand,  and  Gen 
eral  Packenham  and  his  officers  on  the  other.  Amidst  all  this  I 
see  very  little  effective  physical  force.  The  real  force — the  force 
that  I  dread,  and  of  which  the  power  is  among  us  terribly  felt — 
is  the  vis  inertise  which  at  Washington  holds  the  seat  of  its  pow 
erful  empire.  This  is  the  superior  force,  the  vis  major,  as  Judge 

P would  call  it,  that  paralyzes  the  noble  spirit  of  this  noble 

nation.  It  cannot  be  too  often  repeated  that  the  nation  south  of 
Connecticut  River  at  least  is  disposed  to  submit  to  any  strong 
measures  that  its  representatives  may  think  proper  to  adopt  for 
the  common  defence.  Congress  have  the  power  in  their  hands  ; 
if  they  let  it  escape  by  their  own  indecision  and  weakness,  it  does 
not  require  the  spirit  of  prophecy  to  foretell  that  they  will  severely 
rue  the  day ;  and  if  they  once  let  go  the  stirrup,  they  will  be 
rid  thereafter  with  a  whip  and  a  spur  that  shall  never  tire.  Then 
they  will  understand  to  their  sorrow  the  constitutionality  of  con 
scriptions  and  of  banks,  and  of  many  other  things  that  they  do 
not  yet  dream  of. 

It  is  a  fact  that  the  islands  of  Martinique  and  Guadaloupe 
were  on  the  2d  of  December  still  in  the  hands  of  the  British,  who 
delayed  delivering  those  colonies  up  to  the  French.  This  does 


LETTERS    OF  MR.  S.  DUPONCEAU.         389 

not  argue  great  cordiality  between  the  two  powers.  I  wish  the 
French  naval  and  land  commanders  could  have  taken  it  upon 
themselves  to  come  at  once  to  this  country  as  to  a  safe  neighbor 
ing  spot,  where  they  might  have  quietly  waited  until  it  suited  the 
British  commanders  to  give  up  the  islands,  or  at  least  that  they 
had  immediately  returned  to  France.  Their  remaining  where 
they  are,  encamped  in  their  own  country,  while  strangers  are  in 
possession  of  the  barracks  and  the  forts,  appears  to  me  a  weak 
measure,  and,  what  is  more,  a  dangerous  one.  I  fear  there  is  also 
a  vis  inertias  in  the  royal  head  of  the  French  government. 

I  long  to  hear  something  more  from  our  commissioners  at  Ghent. 
I  wish  they  could  have  been  enabled  to  put  the  British  commis 
sioners  to  the  test  by  offering  to  them  at  once  that  foolish  triangle 
of  the  Province  of  Maine,  which  they  wish  to  have,  it  seems,  for 
a  road.  I  well  know  the  great  sea  of  prejudice  that  there  is 
against  the  measure,  and  what  effects  might  be  feared  from  such 
a  cession  in  this  country.  At  the  same  time  I  am  convinced  that 
it  would  be  an  advantage  to  us  if  the  British  were  possessed  of 
that  territory  (exclusive  of  the  seaports).  Our  population  will 
always  increase  in  a  greater  ratio  than  theirs,  and  a  good  military 
road  from  Halifax  to  Quebec  would  be  of  more  use  to  us  in  a 
future  war  than  to  them.  I  fear  also  that  the  powers  of  Europe 
will  think  us  unreasonable  if  we  persist  in  refusing  that  cession. 
I  see  no  real  difficulties  but  this,  supposing  both  parties  well  dis 
posed  in  the  way  of  an  honorable  treaty.  For  the  fisheries,  etc. 
we  have  some  good  things  also  to  give  or  withhold;  for  instance, 
the  liberty  to  trade  with  our  Indians.  I  am  glad  to  find  that  our 
commissioners  have  very  skilfully  and  delicately  hinted  at  this 
point,  for  it  is  certainly  a  principle  of  the  law  of  nations  between 
powers  who  possess  colonies  or  settlements  in  America,  that  they 
cannot  trade  with  the  Indians  within  each  other's  limits  without 
permission  or  the  sanction  of  a  treaty. 

As  you  have  desired  me  to  give  you  my  opinions  frankly  on 
every  subject,  I  have  tried  it  for  once ;  but  as  I  am  not  in  a 
situation  to  take  a  view  of  the  whole  ground,  you  will  of  course 
make  allowances. 

I  inclose  the  extracts  from  the  negotiations  of  1755  which  I 
have  promised.  You  will  consider,  I  fear,  my  long  lucubrations 
on  the  subject  of  these  antiquated  discussions  as  de  la  moutarde 
apres  diner;  yet,  as  the  extent  of  the  powers  of  the  greatest 
minds  is  but  limited,  I  should  think  it  can  never  come  amiss  even 
to  a  Pitt  or  a  Talleyrand,  to  have  the  result  of  long  and  attentive 
studies  communicated  to  them  in  the  space  of  a  few  pages.  You 
have  read,  I  make  no  doubt,  all  that  is  contained  in  my  letter  of 
yesterday,  and  its  addenda,  but  you  never  had  occasion  to  con 
sider  it  together  in  the  point  of  view  of  its  application  to  recent 


390  APPENDICES. 

events.  Therefore  I  have  some  apology  for  having  troubled  you 
with  that  long  letter  ;  but  I  should  have  none  if  I  were  to  abuse 
the  privilege  any  longer. 


VII. 

10  February,  1815. 

DEAR  SIR, — I  am  too  well  aware  of  the  importance  of  your 
time  to  the  public  to  misinterpret  your  omitting  to  answer  my 
insignificant  letters.  I  am  satisfied  that  you  receive  them,  and 
perhaps  read  them  with  more  pleasure  than  certain  petitions,  or 
even  than  certain  lengthy  debates,  which,  for  obvious  reasons, 
shall  not  be  here  more  particularly  described.  I  have  even  the 
vanity  to  think  that  my  scraps  find  sometimes  more  favor  in  your 
eyes  than  all  the  eloquence  of  Mr.  C h n. 

I  have  seen  the  President's  objections  to  the  late  bank  bill. 
They  appeared  to  me  very  strong,  and  will  be  stronger  still,  I 
think,  if  they  produce  a  bill  of  a  different  character.  This  I  am 
strongly  inclined  to  hope,  perhaps  because  I  wish  it ;  but  if  I 
am  not  mistaken,  the  late  law  for  preventing  intercourse  with 
the  enemy  gives  indications  of  a  better  spirit  than  has  prevailed 
heretofore.  It  seems  to  me  to  be  fraught  with  much  decision 
and  strength. 

The  newspaper  editors  tell  us  again  that  you  have  it  in  serious 
contemplation  to  resign.  I  hope  it  will  not  be  so  ;  for  if  it  should 
happen,  the  whole  machine  will  be  wonderfully  relaxed,  and  God 
knows  what  will  next  take  place.  My  hero  Frederick  desponded 
sometimes,  and  indulged  himself  in  writing  it  to  his  friends  ;  but 
he  never  despaired  ;  he  persevered,  and  at  last  succeeded.  There 
is  one  remarkable  trait  in  your  as  yet  short  political  career  which 
ought  to  encourage  you  to  the  same  perseverance.  Your  meas 
ures  have,  indeed,  been  attacked  by  party  opponents,  but  as  far 
as  I  have  seen  (and  I  have  taken  pains  to  be  as  well  informed 
as  I  could)  their  attacks  have  been  comparatively  mild,  and  your 
personal  feelings  have  been  spared  beyond  what  any  of  your 
predecessors  have,  and  any  of  your  successors,  perhaps,  will 
ever  experience.  This  mark  of  universal  respect  ought  to  be  as 
grateful  as,  surely,  it  is  honorable  to  you.  And  yet  it  was  not 
so  in  former  situations;  I  have  tried  .to  account  to  myself  for 
this  difference,  and  I  can  find  no  reason  for  it  but  that  you  were 
not  then  in  your  proper  place,  and  that  now  you  are. 

The  glorious  defence  at  New  Orleans,  if  it  ends,  as  I  hope  it 
will,  in  the  final  expulsion  of  the  enemy,  will  be  a  decisive  event, 
like  the  captures  of  Burgoyne  and  Cornwallis,  and  the  flight  of 


LETTERS   OF  ME.  S.  DUPONCEAU.         391 

Bonaparte  from  Moscow.  In  point  of  character  I  do  not  think 
it  inferior  to  any  of  these,  and  I  believe  with  you  that  it  will 
give  us  an  honorable  peace  next  spring.  But  you  must  be  one 
of  the  peace-making  administration.  You  have  had  the  thorns 
of  office:  wait  but  a  little  while,  and  the  rose-gathering  will  soon 
begin.  You  may  lose  patience ;  but  depend  upon  it,  you  have 
lost,  and  will  lose,  no  fame. 

Excuse  these  warm  expressions  of  friendly  anxiety.  I  anti 
cipate  the  day  when  you  may  retire  with  glory,  and  when  it  will 
not  merely  be  said  that  you  would  do  good  to  your  country,  but 
that  you  could  and  did  do  it,  in  spite  of  obstacles  by  which  men 
of  ordinary  minds  would  have  been  deterred. 


VIII. 

13  February,  1815. 

DEAR  SIR, — I  congratulate  you  with  all  my  heart  on  the  glori 
ous  news  of  an  honorable  peace,  and  the  retreat  of  the  British 
from  before  New  Orleans.  I  am  so  overjoyed,  that  you  must 
excuse  me  if  I  trace  zigzag  lines  with  my  pen,  as  I  surely  do 
with  my  feet.  The  war  administration  have  conferred  upon  us 
invaluable  blessings ;  among  which,  not  the  least,  are  the  knowl 
edge  and  consciousness  of  our  national  strength,  the  conviction 
not  only  of  the  enemy,  but  of  the  world,  that  we  are  not  that 
peddling,  speechifying,  special-pleading  nation  which  they  be 
lieved  us  to  be,  an  immense  store  of  experience,  by  which  I  hope 
we  shall  profit  to  the  utmost,  and,  as  to  the  objects  of  the  war 
itself,  we  have  satisfaction  (in  blood,  at  least)  for  the  past,  and 
ample  security  for  the  future.  Not  the  paper  security  of  treaties, 
but  the  security  of  the  Scotch  motto,  which  we  have  nobly  ap 
propriated  to  ourselves,  and  by  means  of  which  we  have  killed 
in  the  egg  future  orders  in  council  and  future  Milan  decrees. 
If  we  improve  as  we  ought  this  interval  of  universal  peace,  we 
shall  find  belligerent  rights  considerably  modified  in  the  event  of 
a  future  European  maritime  war.  Magnum  est  jus  canonicum 
et  prsevalebit. 

You  may  well  indulge  an  honorable  pride,  as  one  of  the  authors 
of  this  glorious  peace.  For  I  make  no  doubt  that  the  firm 
countenance  which  the  administration  showed  in  October  last, 
has  not  a  little  contributed  to  produce  it.  The  British  could  not 
foresee  the  ridiculous  difficulties  which  subsequently  impeded  the 
execution  of  your  bold  and  energetic  plans.  They  fancied  them 
already  adopted  by  Congress,  and  carried  into  execution  with  all 
the  spirit  of  a  brave  and  indignant  people.  You  retorted  the 
bugaboo  war  upon  them,  but  with  more  success. 


392  APPENDICES. 

I  have  heard  you  blamed  for  laying  open  the  wounds  of  the 
country  in  your  famous  letter  to  the  Committee  of  Ways  and 
Means.  I  never  thought  so.  You  exhibited  us  to  the  world  as 
a  nation  that  dares  to  look  its  situation  in  the  face,  and  from  that 
moment  we  became  truly  formidable.  My  life  for  it,  this  letter, 
and  the  conscription  plan,  have  greatly  contributed  to  produce 
the  peace. 

Your  situation  will  now  become  comparatively  easy,  and  your 
burthen  considerably  lightened.  I  hope  you  will  continue  in  it, 
or  go  to  some  other  more  suited  to  your  inclination,  but  equally 
important.  Once  a  statesman,  always  a  statesman.  You  are 
now  spoiled  for  everything  else. 


IX. 

17  February,  1815. 

DEAR  SIR, — Mr.  I oins  me  in  thanks  to  you  for  your 

early  and  full  communication  of  the  important  features  of  the 
lately  concluded  treaty,  and  in  the  opinion  that  it  deserves  all 
the  encomiums  that  you  have  bestowed  upon  it.  The  British 
ministry  will  find  it  difficult  to  make  it  palatable  to  their  nation, 
particularly  after  having  raised  their  expectations  in  such  a 
manner  as  betrays  their  utter  incapacity.  There  is  not  a  single 
bright  spot  to  which  they  can  point  with  honest  pride,  not  a  favor 
sullenly  refused  by  them  that  is  not  compensated  by  advantages 
at  least  of  equal  magnitude  withheld  from  them  by  ourselves. 
The  treaty  is  a  vast  blank  on  which  the  relations  of  the  two 
countries  are  to  be  inscribed  at  a  future  day,  and  he  who  can  do 
best  without  the  favors  of  the  other  will  have  the  advantage. 
The  navigation  of  our  inland  waters,  for  the  purposes  of  the 
Indian  trade,  is  a  boon  of  such  immense  importance  to  the  Brit 
ish  nation,  that  I  have  no  doubt  that  they  will  come  down  very 
handsomely  to  obtain  it. 

Thank  God,  the  ball  is  again  in  our  hands,  and  I  rejoice  at  the 
prospects  of  our  national  ascendency  and  influence  on  the  gen 
eral  affairs  of  the  world ;  in  which  hope,  I  think,  with  proper 
management,  we  can  hardly  be  too  sanguine. 

Although  the  state  of  affairs  on  the  continent  of  Europe  has 
no  doubt  contributed  in  part  to  bring  about  this  treaty,  yet  I 
cannot  give  up  my  favorite  hypothesis  that  the  firm  attitude  of 
our  government  in  October  contributed  at  least  as  much  to  it. 
The  enemy  then  saw  that  all  hopes  of  overturning  Mr.  Madison's 
administration  were  over,  as  it  had  stood  the  shock  of  the 
Washington  fire,  and  now  reared  its  crest  higher  than  ever.  This 
demonstration  (for  which  I  give  you  an  ample  share  of  the  credit) 


LETTERS   OF  ME.  S.  DUPONCEAU.          393 

could  not  possibly  be  without  a  corresponding-  effect  in  Europe, 
where,  when  the  treaty  was  signed,  it  appears  they  as  yet  knew 

nothing  of  our  unhappy  C niads.    Several  London  paragraphs 

confirm  me  in  this  opinion,  and  I  am  not  disposed  to  give  it  up. 


x. 

30  May,  1815. 

DEAR  SIR, — I  had  read  already  in  the  newspapers  the  docu 
ments  which  you  have  had  the  goodness  to  send  to  me ;  and  you 
may  see  whether  I  duly  appreciate  the  trouble  which  you  have  had 
in  raising  this  fair,  regular  edifice  out  of  the  chaos  of  its  details, 
when  I  tell  you  that  I  have  not  yet  done  studying  its  contents. 
For  you  have  excited  in  me  an  emulation  at  least  to  understand 
what  you  have  been  able  to  perform.  I  perceive  upon  the  whole 
that  you  have  made  the  most  of  our  exiguous  army,  and  that  if 
you  could  not  make  it  large,  you  have  at  least  made  it  efficient, 
by  exhausting  all  the  resources  of  organization,  selection,  and 
loco-position.  You  have  had  a  most  invidious  task  to  perform, 
and  government  must  feel  under  peculiar  obligations  to  you  for 
assuming  at  such  a  critical  moment  a  burthen  not  less  delicate 
than  it  is  heavy.  Nor  have  you  lost  sight  of  the  main  object 
committed  to  your  care, — I  mean  the  Department  of  Finance. 
The  elevated  ground  on  which  the  credit  of  the  nation  stands  at 
this  moment  is  the  best  eulogium  upon  your  measures,  as  it  is 
one  that  everybody  can  feel  and  understand.  The  want  of  a 
national  bank,  however,  still  places  you  under  momentary  diffi 
culties  ;  but  you  can  see  through  them,  and  they  will  not  arrest 
the  course  of  your  exertions.  I  hope  Congress  will  give  you  a 
bank  at  their  next  session,  and  such  an  one  as  you  ought  to  have, 
•or  that  they  will  find  some  other  mode  to  prevent  the  stagnation 
of  the  public  moneys,  and  give  them  the  degree  of  circulation 
necessary,  and  indispensably  so,  for  the  operations  of  your  de 
partment. 

I  fear  our  prize  courts  will  always  embarrass  the  government 
until  they  are  organized  as  in  Europe ;  that  is  to  say,  taken  out 
of  the  line  of  the  ordinary  judiciary  establishment,  to  which  they 
no  more  belong  than  courts-martial.  In  England,  you  know, 
the  Court  of  Appeals  consists  of  a  board  of  privy  counsellors, 
and  the  judge  of  the  admiralty  does  not  sit  as  judge  of  prize,  virtute 
officii,  but  by  virtue  of  a  special  commission  from  the  king. 
Prize  courts  are  temporary  instruments  of  war ;  it  is  therefore 
absurd  to  constitute  them  in  a  permanent  manner  and  vest  their 
powers  permanently  in  judges  appointed  for  life.  This  subject  is 
susceptible  of  a  much  greater  development,  but  sapienti  verbum 

36 


394  APPENDICES. 

sat.  I  ought  to  add,  however,  that  Mr.  Gallatin,  to  whom  I  once 
suggested  these  ideas  at  your  house,  asked  me  how  I  would  con 
nect  my  board  of  commissioners  of  prize  with  the  supreme  court 
of  the  United  States.  Precisely  as  in  England,  by  the  super 
intending  and  restrictive  power  exercised  by  writs  of  mandamus, 
prohibition,  and  the  like ;  and  that  would,  it  seems,  be  enough  to 
satisfy  so  much  of  the  constitution  as  makes  the  supreme  court 
paramount  to  all  other  courts.  As  to  that  which  declares  that 
all  judges  shall  be  appointed  during  good  behavior,  I  do  not 
know,  I  acknowledge,  how  to  satisfy  it,  except  by  saying  that 
nothing  can  be  meant  to  be  applied  where  it  is  inapplicable.  This 
principle  never  was  applied  to  courts-martial,  and  I  contend  that 
prize  courts  are  ejusdem  generis. 

You  see  I  am  perfectly  sensible  of  the  difficulties  attending  a 
correct  organization  of  the  prize  courts  ;  yet,  difficult  as  it  is,  you 
must  sooner  or  later  come  to  it,  and  the  earlier  the  public  mind 
is  prepared  for  this,  in  my  opinion,  indispensable  arrangement, 
the  better.  The  executive  is  responsible  for  the  acts  of  its  prize 
courts,  therefore  they  ought  not  to  be  independent  of  the  execu 
tive.  You  have  felt  it  already ;  you  will  feel  it  more  in  a  mari 
time  war  of  some  years'  continuance. 


XI. 

20  June,  1815. 

DEAR  SIR, — I  cannot  resist  the  inclination  to  communicate  to 
you  the  strong  feeling  which  has  been  excited  in  me  by  your  late 
measure  on  the  subject  of  treasury  notes.  It  is  as  well-timed  as 
it  is  happily  conceived.  It  cannot  fail  of  producing  a  most  salu 
tary  effect.  I  entertain  the  most  sanguine  hopes  that  it  will  bring 
our  jarring  mediums  to  a  proper  level,  and  establish  true  republi 
can  equality  in  the  commonwealth  of  bank-notes.  The  haughty 
Easterlings  will  no  longer  reign  supreme  over  the  commerce  of 
America  as  their  namesakes  and  prototypes  did  some  centuries 
ago  over  that  of  Europe.  Had  their  supremacy  continued  we 
would  have  had  sterling  (Easterling)  bank-notes  as  we  have 
sterling  money.  Their  pride  would  not  have  overlooked  the 
analogy,  and  they  might  have  assumed  the  name,  as  they  had 
the  thing.  You  have  availed  yourself  with  great  skill  and  de 
cision  of  the  high  ground  on  which  you  have  placed  the  credit 
of  the  government;  you  have  issued  your  commands  from  the 
mountain,  and  I  hope  they  will  be  obeyed. 


LETTERS    OF  ME.  S.  DUPONCEAU.          395 


XII. 

11  December,  1815. 

DEAR  SIR, — I  have  read  with  great  pleasure  the  first  part  of 
your  able  and  luminous  report  to  Congress  on  the  state  of  the 
finances,  which  has  appeared  in  the  National  Intelligencer.  I 
long  to  see  the  remainder.  I  had  never  read  a  financial  report 
till  you  came  to  office  ;  I  thought  them  too  dry  and  uninterest 
ing,  never  having  in  my  life  turned  my  thoughts  to  that  abstruse 
subject.  Now  I  read  them  with  as  much  pleasure  as  a  young 
girl  does  novels. 

My  correspondents  in  France  write  to  me  that  we  may  expect 
many  emigrants  here  of  two  descriptions. — the  first  rich  revolu 
tionists,  and  the  second  poor  but  ingenious  manufacturers.  Of 
the  latter  class,  one  called  on  me  this  morning,  recommended  by 
our  consul  at  Bordeaux.  He  is  a  dyer  of  linen,  silk,  a-nd  cotton, 
and  draws  his  own  patterns.  He  showed  me  borders  of  merino 
shawls  designed  and  colored  by  him,  which  are  really  beautiful. 
He  says  he  possesses  the  secret  of  fixing  all  the  colors  at  once, 
and  that  he  was  the  only  person  in  France  that  had  it.  Mr. 

L in  his  letter  to  me  concludes  thus:  "  Had  I  the  means  I 

could  send  hundreds  of  such  men  yearly  to  the  United  States." 


XIII. 

16  December,  1815. 

DEAR  SIR, — I  have  received  with  very  great  pleasure  your  let 
ter  of  the  14th  inst.,  with  its  valuable  inclosure,  the  printed  copy 
of  your  last  financial  report.  I  mean  to  have  it  bound  in  a  sepa 
rate  volume,  as  its  folio  size  does  not  admit  of  its  being  bound 
with  other  things,  and  which  its  contents  will  amply  justify. 

The  first  thought  that  struck  me  when  1  read  the  first  part  of 
it  in  a  newspaper  was,  as  you  well  say,  that  it  would  be  a  com 
plete  manual  of  American  finance.  It  will  not  only  instruct  so 
ciety  at  large  and  the  members  of  the  legislature  of  what  every 
one  ought  to  know,  but  by  condensing  in  one  view  all  the  requi 
site  data,  will  save  much  discussion  and  research  in  committees 
and  on  the  floor  of  Congress,  and  will  expedite  business.  For 
my  part,  long  as  the  report  is,  I  would  not  wish  one  word  left 
out.  The  results  appear  to  me  incontrovertible,  and  the  plans 
wisely  thought  and  presented  in  a  luminous  view. 

You  know  you  have  promised  the  American  Philosophical  So 
ciety,  of  which  you  are  a  worthy  member,  to  send  them  your 
reports  from  time  to  time  for  the  use  of  their  historical  commit- 


396  APPENDICES. 

tee.  You,  who  may  now  say  with  Prince  Henry  of  Prussia, 
"  J'appartiens  tout  entier  d  Vhistoire,"  will  not  forget  a  pledge 
given  to  a  body  of  men  in  any  way  connected  with  that  awful 
tribunal.  I  therefore  solicit  for  them  the  fulfillment  of  that 
promise,  which  will  be  very  gratefully  received. 


XIV. 

23  February,  1816. 

DEAR  SIR, — Accept  again  my  sincere  thanks  for  the  valuable 
present  of  your  late  report  on  the  new  tariff.  As  I  do  not  un 
derstand  the  subject  I  can  only  join  in  the  general  approbation. 
One  thing  I  well  understand,  that  I  shall  be  able  to  drink  claret 
cheaper  than  before.  I  am  not  sorry  for  the  circumstance,  though 
I  would  have  paid  a  higher  duty  with  great  pleasure  for  the  good 
of  the  nation.  On  the  whole,  it  is  evident  that  you  have  deter 
mined  to  promote  the  complete  independence  of  the  country  by 
protecting  its  manufactures.  I  hope  that  you  and  I  will  live  to  see 
some  of  the  wonderful  effects  which  this  system  will  produce. 


XV. 

15  April,  181G. 

DEAR  SIR, — I  again  intrude  upon  you  to  request  a  copy  of 
your  letter  of  the  19th  of  March  to  the  Chairman  of  the  Com 
mittee  on  the  National  Currency.  Called  to  the  head  of  our 
finances  at  the  beginning  of  the  paper  age,  I  was  sure  you  would 
not  quit  them  without  restoring  to  us  the  golden  age,  which  I 
fondly  anticipate  from  the  measures  you  propose.  I  congratulate 
you  and  the  country  on  the  final  passage  of  the  bank  bill,  though 
it  is  not  all  that  you  would  have  wished.  This  you  may  be 
sure  of,  that  your  administration  will  be  long  remembered ;  its 
features  are  strongly  marked,  and  will  produce  decisive  results. 
Adopted  sooner  and  with  a  better  grace,  the  country  would  by 
this  time  have  been  sensible  of  blessings  produced  by  your  con 
ceptions. 

I  hear  with  pain  that  you  are  going  to  quit  the  ministry.  This 
measure  of  yours  I  cannot  be  brought  to  approve,  and  you  will 
excuse  me  for  being  a  strong  oppositionist.  Certain  it  is,  how 
ever,  that  the  impulse  is  given,  and  there  is  now  nothing  to  do 
but  follow  it.  You  will  leave  an  easy  task  to  your  successors. 

Having  done  thus  much,  you  are  certainly  entitled  to  retire 


LETTERS,  ETC.  397 

from  the  labors  of  public  life,  and  no  man  will  be  more  pleased 
than  I  to  see  you  again  among  us.  Yet  if  I  had  any  influence 
upon  you  I  could  entreat  you  to  remain  where  you  are  for  the 
public  good.  But  your  talents  are  so  various  that  I  console  my 
self  with  the  hope,  if  you  should  cease  to  be  our  purse-holder,  of 
seeing  you  benefit  the  nation  in  some  other  equally  important 
branch  of  government  which  wants  to  be  set  in  motion,  as  you 
have  done  the  department  of  finance. 


LETTEKS  BETWEEN  THE  PKESIDENT  AND  THE 
SECKETAKY. 

1815. 

DEAR  SIR, — I  inclose  the  draft  of  a  letter  to  the  general  officers, 
on  the  execution  of  the  act  of  the  3d  of  March,  1815,  with  a  copy 
of  the  act.  You  will  see  by  a  memorandum  from  Mr.  Monroe 
that  he  thinks  the  peace  establishment  is  to  be  composed  of  ten 
thousand  men,  exclusive  of  officers.  General  Scott  agrees  in 
that  opinion,  and  I  shall  be  very  glad  to  adopt  it  with  your  ap 
probation.  I  shall  write  to  you  again  to-morrow,  and  have  only 
to  request  the  favor  of  an  early  instruction  upon  the  present 
communication. 

I  am,  dear  sir,  faithfully  and  respectfully,  your  obedient 
servant, 

A.  J.  DALLAS. 

The  President. 
11  April,  1815. 


DEAR  SIR, — The  result  of  the  conference  of  the  heads  of  de 
partments  on  General  Jackson's  case  will  be  seen  in  the  inclosed 
draft  of  a  letter  to  the  general,  which  is  submitted  to  your  con 
sideration.  Be  so  good  as  to  return  it  with  your  instructions  to 
alter  it  or  to  send  it  in  its  present  shape.  There  is  no  other  copy 
of  the  letter,  The  fact  of  the  release  of  Judge  Hale  and  Mr. 
Dick  is  stated  in  a  second  communication  from  the  latter  to  Mr. 
Monroe. 

There  are  no  accounts  from  Generals  Macomb,  Brown,  Jack 
son,  or  Gaines  further  than  I  have  already  mentioned.  General 
Ripley  arrived  this  afternoon,  but  I  have  not  seen  him.  It  is 
said,  from  several  quarters,  that  he  would  prefer  a  civil  appoint 
ment  to  a  continuance  in  the  army ;  but  the  intimation  seems  to 


398  APPENDICES. 

proceed  originally  from  interested  parties.     I  can  easily  ascertain 
it  from  himself. 

The  inclosed  recommendation  from  General  Scott  to  Brevet 
Captains  Pentland  and  Smith  is  submitted  to  your  decision. 
These  recommendations  will  probably  so  multiply  as  to  deprive 
the  brevet  of  its  complimentary  character. 

I  am,  dear  sir,  most  faithfully,  your  obedient  servant, 

A.  J.  DALLAS. 
The  President. 

13  April,  1815. 

MONTPELIER,  April  14,  1815. 

DEAR  SIR, — I  received  by  the  mail  of  this  morning  your 
two  letters  of  the  llth  and  12th  instant,  with  the  several 
papers  to  which  they  refer.  That  of  the  9th  came  to  hand 
yesterday. 

The  construction  of  the  fifth  section  of  the  act  fixing  the  military 
establishment  is  not  without  difficulty.  Do  not  the  terms  and 
interpretation  of  former  acts  of  Congress  determine  the  question 
whether  "men"  means  privates,  etc.  only,  or  includes  commis 
sioned  officers  also?  Not  having  a  copy  of  the  laws  at  hand,  I 
am  not  able  to  form  an  opinion.  If  the  construction,  excluding 
officers,  be  not  forbidden  by  precedents  or  clear  analogy,  I  take 
the  more  obvious  meaning  to  be  that  officers  should  not  be 
included  in  the  "ten  thousand"  men  specified  in  the  act. 

I  feel  all  the  delicacy  and  magnitude  of  the  task  imposed  by  the 
law  which  your  communications  express,  and  regret  that  there 
is  not  less  room  for  erring  in  the  execution  of  it.  In  choosing 
the  general  officers,  I  do  not  see  that  we  can  do  better,  on  the 
whole,  than  adhere  to  the  individuals  first  agreed  on,  unless  in 
deed  something  should  be  finally  ascertained  in  the  proceedings  at 
New  Orleans,  which,  I  trust,  will  not  be  the  case,  compelling  us  to 
relinquish  the  preference  given  to  the  general  commanding  there. 
With  respect  to  the  fourth  brigadier  also,  the  door  is  not  under 
stood  to  be  finally  closed,  unless  something  has  passed  with  him 
having  that  effect,  as  was  authorized.  If  serious  difficulties  are 
in  his  way,  or  there  be  decisive  grounds  of  preference  in  favor  of 
another,  and  there  be  commitment  on  the  subject,  I  wish  you  to 
consult  your  judgment  freely,  and  give  me  an  opportunity  of 
sanctioning  it.  Nor  do  I  see  that  we  can  advantageously  vary  the 
course  marked  out  for  discriminating  between  the  officers  to  be 
retained  and  to  be  discharged.  I  approve  the  idea,  however,  of 
considering  the  report  of  the  board  of  officers  as  imposing  no 
fetters  on  the  authoritative  decision.  How  would  it  do  to  pre 
scribe  a  recommendatory  list,  giving  to  the  executive  an  option 
among  several  candidates  ?  I  ask  the  question  without  intending 


LETTERS,  ETC.  399 

to  arrest  the  progress  of  the  business.  If  the  expedient  should 
be  entirely  approved,  and  not  otherwise,  the  form  of  the  report 
required  may  be  changed  without  the  delay  of  a  communication 
with  me.  If  it  were  admissible  to  have  the  opinions  of  the  most 
respectable  officers  of  high  rank,  General  Dearborn  for  example, 
who  will  have  no  future  connection  with  the  army,  either  as 
associates  in  the  Board  or  otherwise,  it  might  be  useful  in  differ 
ent  views.  But  I  see  so  many  difficulties  in  the  way  that  I  do 
not  press  it  even  on  my  own  thoughts. 

As  neither  Jackson  nor  Gaines  can  attend,  I  think  you  will  do 
well  to  obtain  the  presence  of  Colonel  H.  in  the  mode  which  has 
occurred  to  you. 

The  scope  of  your  letters  in  general  appears  to  be  the  just 
one.  I  wish  you  to  make  the  final  decision  on  the  selection  of 
officers  as  distinctly  that  of  the  President  as  you  deem  suitable 
and  consistent  with  respect  and  confidence  due  to  and  felt  for 
the  head  of  the  War  Department. 

I  am  engaged  with  the  proceedings  of  the  court-martial  on 
General  Wilkinson.  It  is  so  extremely  voluminous  that  I  shall 
not  be  able  to  get  through  it  for  some  days.  The  court  acquit 
him,  I  perceive,  with  honor  on  every  charge,  and,  of  course, 
strengthens  his  claims  and  expectations  from  the  public.  What 
has  become  of  the  chance  presented  by  the  appointment  of  the 
naval  officers  at  New  York  to  the  mayoralty  ? 

I  was  not  unaware  of  some  of  the  difficulties  which  you  would 
encounter  in  your  fiscal  arrangements.  The  steps  you  have 
taken  and  contemplate  accord  with  the  best  judgment  I  can  form 
on  the  business.  Whilst  the  money  market  in  Europe  continues 
as  it  is  indicated  by  the  present  state  of  the  English  stocks,  the 
United  States  will  not  be  able  to  realize  the  advantages  due  to 
the  merit  of  theirs. 

I  observe  that  the  "exposition,"  etc.  is  finding  its  way  to  the 
public  here  and  to  the  world  in  different  ways,  and  I  have  not 
yet  seen  that  the  government  is  charged  by  its  opponents,  as  it 
could  not  justly  be,  with  any  indelicate  participation.  The  idea 
of  Mr.  Jefferson,  therefore,  of  publishing  the  work  officially  in  a 
different  dress,  could  not  be  excuted  without  more  difficulty  than 
occurred  to  him.  Whether  it  ought  to  go  out  from  the  govern 
ment  at  all  is  another  question.  If  the  truths  it  contains  can 
be  otherwise  sufficiently  promulgated,  and  with  sufficient  credi 
bility,  it  will  be  best,  I  continue  to  think,  to  let  them  speak  for 
themselves. 

Accept  my  great  esteem  and  my  affectionate  respects, 

JAMES  MADISON. 

Mr.  DALLAS. 


400  APPENDICES. 

MONTPELIER,  April  16,  1815. 

DEAR  SIR, — I  received  by  the  mail  of  this  morning-  your  two 
letters  of  the  13th  and  14th.  The  letter  for  General  Jackson 
cannot  be  improved,  and  I  lose  no  time  in  returning  it.  The 
cases  recommended  by  General  Scott  for  brevets  are  strong  ones, 
and  I  suppose  cannot  well  be  rejected.  I  am  aware  with  you, 
however,  that  these  honorary  commissions,  already  so  much 
multiplied,  are  in  danger  of  losing  their  value.  If  you  think  it 
advisable,  the  cases  may  lie  over  till  a  fuller  estimate  can  be 
made  of  this  danger. 

Affectionate  respects, 

JAMES  MADISON. 

Mr.  DALLAS. 


MONTPELIER,  April  18,  1815. 

DEAR  SIR, — I  have  received  your  two  letters  of  the  15th  and 
16th  inst  I  approve  the  transfers  you  propose  in  the  army  ap 
propriations,  and  will  give  the  formal  sanction  to  them  as  soon  as 
I  receive  the  usual  documents  for  signature. 

I  approve,  also,  the  course  you  have  in  view  for  winding  up 
the  affairs  of  the  army,  and  am  glad  to  find  that  you  will  be  able 
so  far  to  overcome  the  pecuniary  difficulties.  I  have  left  it  with 
you  and  Mr.  Monroe  to  make  the  definitive  arrangement  of  the 
case  of  General  Ripley  in  all  its  relations. 
Affectionate  respects, 

JAMES  MADISON. 

Mr.  DALLAS. 


MONTPELIER,  April  19,  1815. 

DEAR  SIR, — I  have  at  length  run  through  the  trial  of  General 
Wilkinson,  and  send  it  to  you,  with  an  approbation  of  the  sen 
tence  of  the  court.  I  send,  also,  the  trial  of  Captain  Hanson, 
with  a  decision  conformable  to  the  sentence  and  recommendation 
of  the  court  in  his  case. 

Affectionate  respects, 

JAMES  MADISON. 
The  Secretary  of  War. 


DEAR  SIR, — I  am  obliged  to  trouble  you  again  on  Mr.  Les- 
borough's  business.  He  has  mistaken  my  expression,  which 
was,  "that  if  the  claim  is  not  legal,  still  it  appears  to  me  to  be 
equitable."  However,  recollecting  your  view  of  the  subject,  I 
do  not  wish  to  give  a  formal  decision  without  your  sanction ;  and 


LETTERS,  ETC.  401 

I  will  thank  you  to  say  whether  I  shall  leave  it  as  it  stands  or 
submit  it  to  the  comptroller  on  equitable  principles. 

General  Macomb  arrived  last  night;  and  I  hope  General  Brown 
will  be  here  to-morrow.  The  business  is  now  so  digested  that  I 
think  it  will  not  cost  the  Board  three  days  to  pass  upon  it. 

If  General  Ripley  conforms  to  my  view  of  propriety,  as  to  the 
court  of  inquiry,  I  shall  act  on  your  authority  in  issuing  the 
brevet,  as  well  as  in  writing  a  letter  to  retain  him  in  service. 

In  this  morning's  National  Intelligencer  I  have  published  a 
general  order  to  restrain  some  abuses,  and  to  quiet  the  minds  of 
the  soldiers  as  to  their  pay  and  discharge.  The  collection  of 
military  documents  which  are  in  the  hands  of  officers  who  may 
be  deranged  is  also  attempted. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 

The  President. 

19  April,  1815. 


MONTPELIEB,  April  20,  1815. 

DEAR  SIR, — I  have  just  received  yours  of .     I  wish  the 

arrival  of  Brown  may  have  been  followed  by  a  compromise  satis 
factory  to  Ripley.  If  it  should  not,  the  case  of  the  latter  becomes 
unpleasant  in  several  respects.  Can  a  court  of  inquiry  be  re 
fused  if  he  insists  on  it  ?  I  am  led  to  believe  that,  if  disappointed 
altogether,  he  will  think  himself  bound  to  lay  his  case  before  the 
public.  It  must  be  admitted  that  the  charge  in  General  Brown's 
letter  will  be  a  record  against  him,  if  neither  revoked,  nor  ex 
plained,  nor  disproved. 

I  return  the  proceedings  of  the  two  courts-martial,  with  my 
signature  to  the  respective  decisions  indorsed  on  them ;  with 
O'Connor's  charges  against  Izard,  and  demand  of  a  trial  on 
them.  The  charges  are  of  a  nature  so  interesting  to  General  Izard, 
and  involving  points  interesting  in  so  many  other  views,  that  I 
presume,  inconvenient  and  difficult  as  a  court-martial  will  be,  the 
prosecutor  will  not  waive  it,  if  justice  could  dispense  with  it. 
Could  it  be  exchanged  for  a  court  of  inquiry?  -Be  so  good  as  to 
take  the  course  which  right  and  prudence  prescribe,  availing 
yourself  of  all  the  lights  attainable  on  the  spot. 
Affectionate  respects, 

JAMES  MADISON. 

Mr.  DALLAS. 


DEAR  SIR, — I  have  the  pleasure  to  say  that  the  business  re 
specting  General  Ripley  is  arranged;  and  I  hope  it  will  be  to 
your  satisfaction.  I  inclose  copies  of  the  letters  which  have 


402  APPENDICES. 

passed  between  us.  The  selection  of  general  officers  being  com 
plete,  I  will  announce  it;  and  if  General  Brown  arrives  to-day 
or  to-morrow,  I  think  the  general  plan  of  organization  may  be 
sent  for  your  consideration  on  Monday. 

There  is  nothing  new.     I  expect  Mr.  Monroe  to-day. 
I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 
The  President. 

20  April,  1815. 

Mr.  Monroe  arrived  at  noon,  but  not  much  the  better  for  his 
ride.  He  saw  and  approved  the  letters  in  General  Ripley's  case 
before  I  had  sent  my  answer. 


MONTPELIER,  April  23,  1815. 

DEAR  SIR, — I  have  received  yours  of  the  20th,  and  return  the 
correspondence  with  General  Ripley.  I  hope  it  will  be  followed 
by  all  the  advantages  which  it  promises.  I  received  yesterday 
from  Mr.  Graham  a  blank  brevet  commission  for  him.  It  was 
suggested  that  a  reference  might  be  inserted  to  the  resolution  of 
Congress.  Unless  some  valuable  purpose  would  be  attained  by 
it,  it  may  be  best  to  decline  a  precedent  which  might  in  unfore 
seen  cases  be  embarrassing.  I  leave  the  decision  with  yourself, 
as  I  do  the  returned  recommendation  of  Trevett  for  the  vacancy 
on  the  revenue  cutter  at  Boston ;  so  also  on  that  stated  in  Dr. 
Blake's  letter  inclosed. 

Affectionate  respects, 

JAMES  MADISON. 

Mr.  DALLAS. 


MONTPELIER,  April  25,  1815. 

DEAR  SIR, — The  mail  due  yesterday  having  failed,  I  did  not 
receive  till  this  morning  your  communications  dated  on  the  22d 
instant. 

As  it  appears  that  no  legal  consideration  is  opposed  to  the 
appointment  of  Bissel  and  Smith  to  regiments,  their  just  claims 
to  that  arrangement  cannot  be  doubted.  The  brevets  to  them 
may  be  issued  when  you  choose.  It  has  been  mentioned  that 
Smith  would  gladly  accept  the  Creek  agency,  which  it  is  supposed 
Hawkins  does  not  mean  longer  to  hold.  Should  it  be  vacated, 
Smith's  wishes  may  be  taken  into  view,  and  if  his  qualifications 
be  of  the  right  sort,  of  which  you  have  better  means  of  judging 
than  I  have,  he  may  be  commissioned,  unless,  indeed,  other  can 
didates  appear  with  even  superior  pretensions.  It  will  be  proper, 
however,  not  to  accept  the  resignation  of  Hawkins  without 


LETTERS,  ETC.  403 

knowing  that  it  is  the  effect  of  inclination,  and  not  of  some  cause 
which  ought  to  be  explained  and  removed.  I  recollect  that  he 
manifested,  long  ago,  an  impression  that  the  executive  was  not 
satisfied  with  him,  and,  on  that  account,  proposed  to  withdraw 
himself  at  the  end  of  the  war,  if  not  sooner.  I  desired  the  late 
Secretary  of  War  to  drop  him  a  line,  expressing  my  confidence 
and  a  continuance  of  the  friendly  dispositions  I  have  for  many 
years  entertained  for  him.  It  is  possible  that  such  a  communi 
cation  may  never  have  reached  him,  and  that  he  may  still  be 
under  his  original  misconception.  One  of  your  clerks,  or  General 
Parker,  can  collect  for  you  all  the  circumstances  which  merit 
attention.  I  am  thus  particular,  because  I  have  always  regarded 
Colonel  Hawkins  as  a  benevolent  and  honorable  man,  and  singu 
larly  useful  and  meritorious  in  the  agency  committed  to  him,  and 
because  an  old  and  intimate  acquaintance  with  him  makes  me 
feel  an  interest  in  whatever  may  concern  his  welfare  or  touch  his 
sensibility. 

The  business  of  O'Connor  and  Izard  seems  to  be  on  a  fair 
footing.  The  former  can  the  less  complain  of  the  delay  or  un 
certainty  attending  it,  as  his  own  delay  has  contributed  to  it.  It 
may  be  well  to  recur  to  a  former  communication  from  him  to  the 
War  Department,  in  which  he  recited  the  same  or  other  allega 
tions  against  General  Izard.  It  was  shown  to  me  by  Mr.  Monroe 
while  acting  secretary,  but  I  do  not  recollect  the  precise  scope 
of  it. 

I  return,  signed,  the  power  for  the  Yazoo  cases,  and  an  appro 
bation  of  the  proposed  allowances  to  the  collectors  of  the  direct 
tax. 

The  silence  of  General  Jackson  on  the  proceedings  which 
were  the  subject  of  your  letter  to  him,  cannot  be  explained  but  by 
a  failure  on  the  road,  or  by  a  difference  between  the  real  and  re 
ported  facts,  or  some  uncommon  view  which  his  mind  has  taken 
of  them.  The  importance  and  novelty  of  the  proceedings  could 
not  fail,  one  would  suppose,  to  suggest  an  official  explanation  of 
them.  If  he  -should  riot  fill  the  post  in  the  army  allotted  to  him, 
it  will  be  necessary  to  put  other  pretensions  into  the  scales. 
Before  Mr.  Monroe  leaves  Washington,  be  so  good  as  to  make 
the  proper  selection  a  subject  of  conversation  with  him  and  the 
other  gentlemen. 

Mr.  Mcllvaine's  letter  may  be  shown  to  the  Secretary  of  State. 

I  shall  be  absent  for  a  few  days  on  a  visit  to  Mr.  Jefferson  ; 
but  I  shall  keep  hold  of  the  thread  of  daily  communication  with 
Washington. 

Affectionate  respects, 

JAMES  MADISON. 

Mr.  DALLAS. 


404  APPENDICES. 

DEAR  SIR, — General  Brown  will  probably  be  here  to-night ; 
and  I  think  the  organization  of  the  corps  and  selection  of  officers 
may  be  completed  on  Wednesday.  Be  so  good  as  to  put  the 
inclosed  into  any  shape  that  will  answer  the  purpose  intended. 
I  think  it  of  some  importance  that  the  feelings  of  the  deranged 
officers  should  be  soothed ;  but  it  would  be  impolitic,  and, 
indeed,  impracticable,  to  use  any  but  general  terms  upon  the 
occasion. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 

The  President. 

25  April,  1815. 
General  Brown  has  arrived. 


DEAR  SIR, — General  Brown  has  joined  the  Board  ;  and  I  have 
the  pleasure  to  inform  you  that,  so  far,  everything  has  been 
transacted  with  perfect  harmony  and  unanimity.  The  selections 
are  of  a  high  and  distinguished  character,  as  far  as  I  can  judge ; 
and  I  am  assured  that  the  army  will  itself  acknowledge  their 
justness.  The  tield  officers  at  present  on  the  list  are  these,  for 
infantry  and  riflemen : 

Majors. 


Jessup. 

Wool. 

Levensworth. 

McNeil. 

Chambers. 

Appling. 

Lawrence. 

Brooke. 

Langworth,  or  Butler. 

Overton  transferred  from  the   In 
fantry  to  the  Artillery. 


Colonels. 

T.  A.  Smith,  Brigadier-General. 
D.  Bissel,  Brigadier-General. 
M.  Porter,  Brevet  Brigadier-Gen'l. 
H.  Brady. 
W.  King. 
J.  Miller. 
James  McDonald. 
K.  C.  Nicholas. 
J.  Mullin,  or  W.  N.  Irvine. 

Lieutenant-  Colonels. 
Not  named  yet. 

The  selections  will  probably  be  complete  on  Friday  ;  and  I 
will  send  them  to  you  by  express,  as  it  is  very  desirable  to  receive 
your  decision  before  Monday. 

The  brevet  for  General  Ripley  was  not  designed  to  refer,  as  Mr. 
Graham  supposed,  to  the  vote  of  Congress,  but  to  the  same  sub 
jects.  It  will  be  filled  up  with  "  Chippewa,  Niagara,  and  Erie." 
The  insertion  will  satisfy  General  Ripley,  and  cannot  displease 
General  Brown. 

General  Scott  has  been  desirous  to  construe  the  act  of  Con 
gress  so  as  to  permit  the  superseding  two  captains  in  the  engi 
neers  and  replacing  them  with  captains  from  the  line.  I  do  not 
think  that  the  act  contemplates  the  case ;  and  I  know  that  it 
would  create  feuds,  discontents,  and  resignations  were  the 


LET  TEES,  ETC.  405 

attempt  made.  I  have,  therefore,  stated  an  opinion  to  the  Board 
that  the  corps  of  engineers  is  excepted  from  the  special  authority 
of  the  act  fixing  the  peace  establishment,  and  that  no  change  can 
be  effected  in  it  but  on  the  general  law.  It  seems  that  there  are 
two  officers  who  are  deemed  unworthy  of  their  commissions ; 
but  their  removal  may  be  accomplished  at  another  time  and  in 
another  way,  without  exciting  dissatisfaction. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 

The  President. 

26  April,  1815. 


MONTICELLO,  April  28,  1815. 

DEAR  SIR, — I  am  just  favored  with  yours  of  the  25th.  The 
paper  inclosed  in  it  is  returned  without  delay.  It  is  well  adapted 
to  its  delicate  object.  I  have  merely  noted  for  your  consideration 
a  change  of  expression  in  page  3,  "  the  enjoyment  of  undisturbed 
rights,  etc.,"  not  being  secured,  like  the  renown  of  the  army; 
and  another  in  page  4,  in  order  to  guard  against  the  criticisms 
of  those  who  may  not  have  been  in  fact  peculiar  objects  of  pub 
lic  confidence  and  favor,  and  especially  of  such  as  may  lose  the 
marks  of  it  by  the  present  arrangement.  If  any  change  should 
occur  in  the  closing  sentence,  page  5,  that  will  lessen  the  pledge 
of  legislative  beneficence  without  losing  sight  of  it,  it  may,  per 
haps,  be  also  well,  considering  the  want  of  right  in  the  executive 
and  the  sensibility  to  it  that  may  be  awakened  in  the  legislative 
department.  I  have  but  a  moment  to  drop  these  lines,  being  in 
danger  of  missing  the  present  mail  and  under  a  necessity  of 
losing  the  next. 

Affectionate  respects, 

JAMES  MADISON. 

Mr.  DALLAS. 


MONTICELLO,  April  29,  1815. 

DEAR  SIR, — The  inclosed  letter,  though  anonymous,  makes 
statements  and  references  in  a  manner  which  is  embarrassing  at 
the  present  moment.  Should  the  posture  of  the  military  arrange 
ments  admit  nothing  further,  the  location  of  the  officer  thus  crim 
inated  ought  at  least  to  be  influenced  by  the  representations, 
unless  these  be  invalidated  in  some  mode  or  other  before  the 
final  allotments  be  made  to  military  stations. 
Affectionate  respects, 

Mr.  DALLAS.  JAMES  MADISON. 


406  APPENDICES. 

DEAR  SIR, — The  board  of  officers  still  continue  industriously 
at  work,  but  I  have  no  report  yet.  Perhaps  I  shall  be  able  to 
communicate  a  plan  of  organization  by  Monday's  mail. 

The  inclosed  letter  and  extra  newspaper  were  received  by  me 
in  the  mail  of  yesterday.  The  letter  is  certainly  written  by  Mr. 
T.  Biddle,  and  I  presume  Mr.  Bache  threw  it  into  the  mail  after 
the  bag  had  been  locked,  which  accounts  for  the  absence  of  a 
post-mark.  I  give  credit  (and  so  do  Mr.  Monroe  and  Mr.  Crown- 
inshield)  to  the  news ;  but  I  have  declined  being  the  instrument 
of  publishing  it,  lest  it  should  turn  out  to  be  an  imposition.  The 
mail  of  to-day  will  clear  up  all  doubts.  What  a  scene  for  specu 
lation  does  the  event,  if  true,  open  upon  us ! 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 

The  President. 

29  April,  1815. 


DEAR  SIR, — I  inclose  recommendations  for  granting  Captain 
Rornayne  the  vacant  appointment  of  assistant  inspector-general. 
The  appointment  will  be  merely  nominal,  to  carry  the  rank,  as 
the  office  will  be  abolished  when  the  army  shall  be  discharged. 
The  reasons  for  soliciting  it,  however,  are  stated  in  the  recom 
mendations,  and  I  will  thank  you  to  favor  me  with  your  decision 
on  the  subject.  Captain  Romayne  has  certainly  great  estimation 
among  his  brother  officers. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 

The  President. 

2  May,  1815. 


DEAR  SIR, — At  the  request  of  Colonel  0  wings  the  inclosed  letter 
is  sent  to  you.  His  case  has  been  well  considered  and  well  de 
vised.  Major  Taylor  has  been  placed  on  the  left. 

I  am,  dear  sir,  your  most  obedient, 

The  President.  A.  J.  DALLAS. 

3  May,  1815. 


MONTPELIER,  May  4,  1815. 
DEAR  SIR, — I  have  duly  received  your  several  letters  of 


and  of  May  2.  The  views  you  have  taken  of  the  late  intelligence 
from  France  will  justly  claim  all  our  attention.  Should  war  ensue 
between  Great  Britain  and  France,  our  great  objects  will  be  to  save 
our  peace  and  our  rights  from  the  effect  of  it ;  and  whether  war 


LETTERS,  ETC.  407 

ensue  or  not,  to  take  advantage  of  the  crisis  to  adjust  our 
interests  with  both.  It  is  particularly  desirable  to  ascertain  as 
soon  as  possible  their  temper  and  views  respectively  towards 
the  United  States,  and  many  days  cannot  elapse  without  com 
munications  from  Paris  and  London,  which  will  throw  light 
on  the  path  leading  to  our  objects.  In  the  mean  time  it  becomes 
us  to  be  in  a  position  to  face  events  whatever  may  be  the  turn 
of  them,  and  consequently  to  suspend  the  discharge  of  the  army, 
with  the  exception  of  the  part  not  within  our  discretion.  Pru 
dence  suggests  also  a  delay  of  the  expedition  to  the  Mediter 
ranean.  It  is  of  great  importance  in  every  point  of  view  that 
we  should  lose  no  part  of  the  respect  we  now  command  by  a 
precipitate  and  improvident  surrender  of  the  best  means  of  pre 
serving  our  title  to  it.  It  may  be  hoped  that  with  due  precau 
tions  on  our  part,  the  former  competition  between  those  powers 
in  aggressions  on  us,  will  be  succeeded  by  rival  dispositions  to 
court  our  good  will,  or  at  least  to  cultivate  our  neutrality.  The 
lessons  afforded  by  their  own  experience  ought  alone  to  produce 
wiser  councils,  and  the  change  in  the  state  of  Europe  in  general 
in  relation  to  France,  and  the  trial  which  Great  Britain  haa  made 
of  the  strength  and  character  of  this  country,  are  sources  of 
additional  instruction  of  the  same  tendency.  But  in  a  case  of 
such  vast  magnitude,  we  should  add  to  every  other  motive  to  do 
us  justice  a  condition  on  our  part  to  enforce  it. 

1  return  the  recommendations  in  favor  of  Romayne,  on  whom 
you  will  confer  the  commission  proposed  for  him.     I  return  also 
the  letter  of  General  B.  which  is  very  skilfully  framed. 
Affectionate  respects, 

JAMES  MADISON. 

I  have  returned  the  proceedings  of  the  court-martial  at  Detroit 
without  any  decision  on  the  sentence  dismissing  the  militia 
officers  from  the  service  of  the  United  States.  As  they  are  actu 
ally  out  of  the  service,  and  the  confirmation  of  the  sentence  by 
General  McArthur,  though  not  within  the  legal  period,  was  pre 
sumably  just  in  itself,  the  case  did  not  appear  to  require  the 
formality  of  my  interposition.  If  there  be  any  circumstances 
rendering  it  expedient,  be  so  good  as  to  let  me  know. 

Mr.  DALLAS. 


MONTPELIER,  Maj7  4th,  1815. 

DEAR  SIR,  —  The  waggons  with  Mr.  Jefferson's  library  are  on 
their  way  to  Washington,  and  will  expect  to  be  paid  on  their 
arrival.  Not  having  the  law  on  the  subject  of  that  purchase,  I 
know  not  whether  it  includes  an  appropriation  for  the  expense 
of  transportation,  or  leaves  this  to  be  paid  out  of  any  other,  and 


408  APPENDICES. 

what,  fund.  I  must  ask  you  to  decide  this  point,  and  have  the 
waggoners  paid  without  delay.  They  are,  I  understand,  entitled 
each  to  $4  per  day,  for  15  days,  with  the  exception  of  one,  who 
will  not  arrive  for  some  time  with  a  few  cases  of  books  which 
did  not  accompany  the  others,  and  who  is  to  receive  at  the  rate 
of  $6  per  day.  Should  my  sanction  be  necessary  in  any  form  to 
close  this  little  transaction,  it  will  be  added  as  soon  as  I  receive 
notice  of  it.  Mr.  Smith  (Commissioner  of  the  Revenue)  has 
been  so  obliging  as  to  give  some  attention  to  the  arrangement  for 
conveying  the  library,  and  will  be  requested  to  relieve  you  from 
all  the  trouble  not  officially  essential. 

Accept  my  cordial  respects  and  best  wishes, 

JAMES  MADISON. 

Do  what  you  find  proper  in  the  case  stated  in  the  inclosed 
letter. 

The  Secretary  of  the  Treasury. 


DEAR  SIR, — I  transmit  to  you  the  concluding  Reports  of  the 
Board  of  Officers,  and  I  presume  that  they  will  express  a  wish 
to  be  discharged  as  soon  as  you  have  seen  their  plans.  Upon 
the  whole,  they  have  furnished  very  good  materials;  and  I  will 
prepare  from  them  a  general  report  of  the  department  for  your 
consideration  and  sanction,  which,  when  approved,  will  be  the 
proper  official  document  for  publication.  The  necessary  arrange 
ments  of  the  peace  establishment  will  still  give  you  time  to  hear 
from  Europe,  without  making  the  events  there  a  specific  cause 
of  delay. 

I  inclose  two  letters  from  General  Brown.  He  presses,  you 
will  see,  Major  Gardner  for  additional  honors.  If,  however,  the 
major's  character  and  conduct  are  such  as  have  been  described 
to  me  in  conversation  by  General  Ripley,  General  Scott,  and 
General  Wilkinson,  I  still  think  Major  Butler  should  be  preferred 
to  him.  The  subject  may  be  kept  in  suspense  for  some  days 
without  any  disadvantage. 

In  an  interview  of  this  morning,  General  Brown  stated  that 
at  General  Scott's  instance,  he  mentioned  the  wish  of  that  gen 
tleman  to  go  to  Europe  in  pursuit  of  professional  instruction, 
etc.,  retaining  only  his  rank,  pay,  and  emoluments.  I  declared 
that  so  far  as  my  voice  went  he  should  be  gratified,  and  that  I 
would  submit  the  question  at  once  to  you.  General  Scott  would 
do  us  credit  abroad ;  and  I  do  not  think  that  the  service  would 
suffer  by  his  temporary  absence.  If,  however,  you  should  assent 
to  General  Scott's  request,  I  presume  he  would  not  leave  us 
while  there  is  the  slightest  doubt  of  the  effect  of  European  events 
upon  our  military  establishment. 


LETTERS,  ETC.  409 

General  Brown's  letter,  relative  to  the  purchase  of  a  site  for 
a  military  station  on  the  waters  of  the  St.  Lawrence,  merits  con 
sideration.  He  says  that  he  is  willing  to  purchase  the  necessary 
tract  of  land,  and  to  look  to  Congress  for  his  reimbursement  at 
the  next  session.  There  are  many  things  to  be  considered  before 
the  proposed  change  of  situation  can  be  correctly  estimated  in 
its  consequences  of  advantages  and  disadvantages.  What  can 
we  do  with  our  ships  on  the  stocks  at  Sackett's  Harbor  ?  If  the 
war  had  commenced  on  General  Brown's  plan,  we  should  not 
have  had  the  troubles  nor  the  glories  of  the  lake  conflicts  ;  and  if 
we  are  to  expect  war  again,  his  plan  is  probably  the  best  mode 
of  preparing  for  it. 

The  disposition  of  the  troops  appears  to  me  to  be  judicious  in 
its  outline.  The  artillery  will  be  at  the  Atlantic  ports,  and  the 
infantry  and  the  riflemen  will  be  on  the  northern  frontier,  and  par 
ticularly  in  the  neighborhood  of  the  Indians  and  British  traders. 
General  Brown  has  arranged  the  northern  division  to  his  own 
mind,  and  it  will  be  right  to  allow  General  Jackson  to  modify 
the  arrangement  for  the  southern  division  if  he  wishes  to  do  so. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 

The  President. 


MONTPELIER,  May  7,  1815. 

DEAR  SIR, — I  have  this  morning  received  yours  of  the  5th 
inst.,  those  of  the  3d  and  4th  having  previously  come  to  hand. 
They  are  accompanied  by  the  reports  of  the  board  of  officers  on 
the  organization  of  the  army, — on  the  plan  for  establishing  a.N. 
and  S.  division,  military  departments,  etc.  etc., — and  respecting 
hospital  surgeons,  judge  advocates,  and  chaplains. 

It  were  to  be  wished  that  the  act  relating  to  the  peace  estab 
lishment  had  been  more  explicit  in  some  respects  and  more 
comprehensive  in  others.  But  there  can  be  no  doubt  as  to  the 
authority  to  substitute  the  rule  of  selection  for  that  of  seniority, 
nor  to  prefer  the  sound  and  competent  to  the  wounded  and  infirm, 
in  retaining  the  officers  for  an  establishment  requiring  for  its  ob 
ject  the  most  effective  services.  The  appointment  of  officers  of 
higher  grades  to  fill  the  lower,  with  their  own  consent,  can  be 
liable  to  no  objection  whatever  if  it  be  not  a  new  appointment. 
On  this  point  there  may  be  room  for  a  difference  of  opinions.  The 
construction  is  clearly  in  favor  of  the  public  service;  andf  it 
should  be  found  not  sufficiently  supported  by  usage  or  precedents, 
the  error  can  be  amended  with  the  aid  of  the  Senate.  The  trans 
fer  of  officers  from  one  corps  to  another  seems  also  free  from 
objection,  as  they  are  both  liable  to  exclusion  altogether,  and  have 
the  resource  pf  resigning.  The  transfer  of  the  men  presents  an- 

27 


410  APPENDICES. 

other  aspect  where  they  have  been  enlisted  into  particular  corps 
and  are  compulsively  retained  in  service.  It  is  more  than  proba 
ble  that  if  the  understanding  at  the  time  of  enlistment  impose 
any  restraint  in  this  case,  it  may  be  removed  by  the  consent  of 
the  individuals,  or  that  the  difficulty  may  be  got  over  with  the  aid 
of  the  supernumerary  fund. 

The  local  distribution  of  the  troops  and  the  definition  of  mili 
tary  departments  being  at  all  times  alterable,  require  the  less 
observation.  It  may  deserve  consideration  whether  Maryland 
and  Virginia,  as  having  a  common  relation  to  the  Chesapeake, 
would  not  be  advantageously  associated  with  perhaps  the  north 
ern  part  of  North  Carolina.  The  District  of  Columbia,  omitted, 
I  presume  casually,  would  fall  of  course  into  the  same  depart 
ment. 

I  have  but  slightly  glanced  at  the  report  on  hospital  surgeons, 
etc.  etc.  I  notice  only  the  omission  of  two  hospital  surgeons 
whose  pretensions  I  had  considered  very  strong,  if  not  liable  to 
objections  unknown  to  me,  and  the  selection  of  one  who  does  not 
appear  with  advantage  in  the  proceedings  of  the  court-martial 
which  tried  Colonel  Coles.  Doctors  Waterhouse  and  Shaw  are 
the  two  first  alluded  to,  and  Doctor  Bronaugh  the  last. 

With  respect  to  the  selection  of  officers  generally  for  the  estab 
lishment,  I  have  great  confidence  in  the  officers  of  the  Board,  and 
especially  where  your  own  judgment  coincides.  I  have  thought 
it  incumbent  on  me,  nevertheless,  to  look  over  it  with  attention, 
and  shall  note  any  instances  in  which  my  information,  or,  in  a  few 
cases  possibly,  my  personal  knowledge  may  suggest  changes.  I 
have  been  a  little  embarrassed  and  retarded  by  leaving  behind  me 
the  Army  Register  sent  me  by  Mr.  Parker  when  I  returned  from 
Monticello.  I  hope,  however,  to  send  you  the  result  by  the  mail  of 
to-morrow  or  the  day  after.  In  the  mean  time  I  wish  it  to  be  un 
derstood,  if  not  sufficiently  signified  already,  that  the  address  pre 
pared  for  the  army  had  my  approbation  ;  that  I  leave  it  with  you, 
advising  with  whom  you  may  think  proper,  to  do  what  you  find 
best  with  respect  to  Majors  Butler  and  Bankhead,  and  to  make 
any  other  alterations  such  as  you  allude  to.  You  will  also  make 
the  use  of  brevets  as  proposed  in  your  letter,  blanks  for  which  I 
take  for  granted  arc  already  signed  ;  if  not,  let  them  be  forwarded. 

Your  intended  letter  of  thanks  to  the  officers  of  the  Board  will 
be  very  proper.  You  will  decide  whether  it  be  necessary  or  not 
for  them  to  remain  at  Washington  till  a  final  decision  be  had  on 
their  reports. 

The  question  whether  the  general  discharge  of  the  army  con 
templated  by  the  act  of  Congress,  ought  to  be  carried  into  effect 
under  existing  circumstances,  is  a  momentous  one.  On  one  hand, 
the  measure  is  urged  by  the  face  of  the  law,  by  the  motive  to 
economy,  mingled  with  the  prospects  suggesting  a  delay  of  the 


LETTERS,  ETC.  411 

measure,  by  the  number  of  men,  above  ten  thousand,  on  whom  the 
deliberation  turns, — a  number  not  amounting  to  a  very  impressive 
augmentation, — and  by  the  embarrassments  incident  to  a  provi 
sional  retention  of  the  officers  not  required  for  the  establishment, 
divisible  as  they  would  be  also  into  the  class  allotted  to  the  super 
numerary  men  provisionally  retained  and  the  class  who  would  be 
put  on  furlough.  On  the  other  hand,  the  danger  of  a  renewal  of 
hostilities,  and  the  tendency  of  a  posture  ready  for  them  to  prevent 
so  great  an  evil,  are  weighty  considerations  in  the  other  scale. 
The  public  opinion  also  seems  to  lean  to  the  precautionary  side. 
It  is  more  than  probable  that  a  few  days  will  bring  us  from  Eu 
rope  valuable  lights  on  the  subject.  Those  by  the  Fingal  have  not 
come  by  the  mail  of  this  morning,  nor  the  conversation  of  Mr. 
M with  Mr.  Baker.  I  shall  look  for  them  by  that  of  to 
morrow,  unless  a  day  more  should  be  necessary  for  him  to  ar 
range  and  comment  on  the  communications. 

Affectionate  respects, 
Mr.  DALLAS.  JAMES  MADISON. 


DEAR  SIR, — I  send  inclosed  a  report  in  the  case  of  Mr.  Eus- 
taphiere,  the  Russian  consul  at  Boston.  The  documents  are 
recited  verbatim  in  the  report,  and  therefore  I  do  not  trouble  you 
with  them.  I  preferred  a  recital  to  a  reference,  that  all  who  read 
the  report  should  distinctly  understand  the  facts  without  being 
forced  to  examine  the  evidence.  It  appears  to  me  to  be  a  most 
flagrant  case.  I  submit  to  you,  however,  whether  it  will  not  be 
better,  considering  the  European  revolution,  to  act  in  the  manner 
the  most  delicate  towards  the  emperor,  referring  to  his  justice  the 
punishment  of  the  offender,  instead  of  cancelling  at  once  the 
consul's  exequatur.  Mr.  Monroe  will  give  it  the  turn  of  a  com 
pliment  to  the  master,  without  allowing  the  servant  to  escape. 

I  will  attend  to  your  instructions  relative  to  Mr.  Jefferson's 
library. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 

The  President. 
8  May,  1815. 

MONTPELIER,  May  10,  1815. 

DEAR  SIR, — I  now  return  the  General  Report  of  the  Military 
Board  on  the  Organization  of  the  Army.  I  have  not  found  among 
the  officers  retained  some  whose  merits  I  had  supposed  would 
have  placed  them  on  the  list  of  selections  ;  but  I  have  great 
confidence  in  the  intelligence  and  dispositions  of  the  Board,  and 
am  ready  to  presume  that  those  preferred  have  titles  to  distinc 
tion  better  known  to  them  than  to  me  ;  or  that  there  may  be 


412  APPENDICES. 

objections  known  to  them,  and  not  to  me,  against  some  who  had 
attracted  my  attention.  It  may  have  happened  also  that  some 
of  these  did  not  choose  to  be  included  in  the  peace  establishment. 

A  very  anxious  desire  was  expressed  to  me  by  the  Kx-Gov. 
Sevier,  of  the  House  of  Representatives,  that  his  kinsman, 
colonel  1st  Rifle  Regiment,  should  be  retained  in  the  service. 
As  his  present  position  must  have  marked  him  for  consideration, 
I  take  for  granted  that  his  comparative  pretensions  were  defi 
cient;  especially  as  I  understood  that  the  solicitude  of  his  uncle 
expressed  his  own,  and  that  of  course  his  omission  was  not  his 
own  choice. 

The  letter  from  Colonel  Owings  and  Major  Taylor  is  herewith 
returned.  Of  the  former  I  know  only  that  his  general  standing 
and  connexions  in  Kentucky  are  respectable.  Whatever  merit 
he  may  have  in  his  profession,  I  should  suppose  that  it  could  not 
justify  the  dissatisfaction  he  expresses.  As  to  Major  Taylor,  if 
there  be  no  flaws  in  his  character  which  have  not  come  to  my 
knowledge,  I  do  not  believe  that  a  continuance  of  him  in  his 
present  rank  would  have  warranted  just  complaint  in  others.  He 
was,  if  I  mistake  not,  a  captain  at  the  commencement  of  the  war, 
and  the  first  officer  that  was  breveted.  The  defence  of  Fort 
Harrison,  that  led  to  it,  though  on  an  obscure  theatre,  has  prob 
ably  not  been  exceeded  in  brilliancy  by  any  affair  that  has  oc 
curred.  The  circumstances  of  it  put  to  the  severest  trial  the 
military  qualities  of  the  commanding  officer,  and  it  appeared  that 
the  result  was  conspicuously  favorable  to  him.  But  for  the  haste 
in  which  many  subsequent  appointments  were  made,  and  par 
ticularly  those  to  the  new  rifle  regiments,  the  view  in  which 
he  stood  would  have  obtained  for  him  a  higher  grade.  If  the 
door  be  not  too  far  closed,  which  may  perhaps  be  the  case,  and 
there  be  no  deficiencies  of  any  sort  in  his  title,  it  may  be  worth 
your  while  to  recur  to  the  account  given  of  the  attack  of  Fort 
Harrison.  I  wish  not  to  be  understood,  however,  as  pressing  a 
revision  of  the  selections,  unless  a  change  can  be  conveniently 
and  satisfactorily  made.  Will  you  be  so  good,  also,  as  to  advert 
to  the  case  of  Chas.  Todd,  who  was  in  Governor  Harrison's 
family.  I  do  not  know  how  he  stands  in  comparison  with  others, 
nor  whether  it  is  his  desire  to  be  retained.  He  was  understood 
to  be  much  in  favor  with  General  Harrison.  My  personal  ac 
quaintance  with  his  friends  will  lead  them  to  expect  whatever 
attention  may  be  justly  and  fairly  due  to  him. 

In  restricting  myself  to  the  number  and  nature  of  the  observa 
tions  made,  I  give  a  proof  of  my  reliance  on  the  better  informa 
tion  and  the  judgment  of  others,  and  that  I  am  prepared  to  pay 
every  attention  to  such  suggestions  from  yourself  as  may  be 
comprised  in  the  general  report  you  are  preparing. 

I  can  say  nothing  of  my  own  knowledge  of  Major  Gardner. 


LETTERS,  ETC.  413 

If  the  opinion  of  General  B.  has  against  it  that  of  the  other 
officers  you  name,  and  no  conspicuous  achievement  be  referred 
to,  I  see  no  grounds  on  which  be  ought  to  be  preferred  to  Butler. 

I  believe  I  have  already  expressed  my  concurrence  in  the  ex 
pediency  of  retaining  the  adjutant  and  inspector-general,  and 
such  of  the  garrison  surgeons  and  surgeons'  mates  as  may  be 
requisite. 

With  respect  to  the  hospital  surgeons,  I  have  nothing  to  add 
to  my  remarks  on  that  part  of  the  report  of  the  Board,  unless  it 
be  that  if  there  should  be  a  hospital  contemplated  at  or  in  the 
vicinity  of  Washington,  I  wish  that  Dr.  Elzy  may  be  selected 
for  it.  My  personal  knowledge  of  him  suggests  this  intimation 
in  his  favor. 

The  report,  received  this  morning  and  returned,  on  the  dis 
tribution  of  the  troops,  appears  to  be  founded  on  a  judicious  view 
of  the  subject.  I  should  not  have  disapproved  a  larger  provision 
for  Sackett's  Harbor,  and  some  artillery  force  for  Detroit.  You 
are  right  in  reserving  for  Jackson  a  revision  of  the  southern 
disposition.  He  will  probably  think  more  due  to  the  security  of 
New  Orleans.  Provision  for  a  fort,  co-operating  with  Plaque- 
mine,  will  be  entitled  to  consideration. 

The  idea  of  incorporating  the  chaplains  of  brigades  with  the 
military  academy  might  be  useful;  but  is  so  remote  from  the 
legal  contemplation  of  their  services,  that  it  must  at  least  lie 
over  for  consideration. 

The  change  proposed  by  General  Brown,  in  his  letter  to  you 
of  the  8th,  has  much  to  recommend  it.  It  may  be  well,  how 
ever,  to  have  the  opinion  of  Chauncey,  and  of  some  others,  on  the 
subject.  The  Secretary  of  the  Navy  will  state  to  you  what  has 
passed  on  the  subject  of  the  ships  building  at  Sackett's  Harbor. 
The  subject  is  embarrassing  in  several  respects.  The  remark  is 
applicable  in  some  degree  to  naval  possessions  on  all  the  lakes. 

I  requested  Mr.  Monroe  in  a  letter  yesterday,  as  you  will  learn 
from  him,  to  bring  into  consultation  the  question  of  an  immedi 
ate  reduction  of  the  army,  which  if  approved  by  the  result,  you 
will  act  upon.  My  reasons  in  favor  of  the  measure  may  in  part 
be  collected  from  a  late  one  to  you.  They  are  strengthened  by 
the  probable  removal  of  the  British  troops  not  only  from  our 
limits,  but  in  great  degree  from  Canada  also.  I  shall  receive 
a  different  opinion  of  the  members  of  the  cabinet,  nevertheless, 
with  a  mind  open  to  the  reasons  for  it.  I  have  asked  for  a  con 
sultation  also  on  the  expediency  of  diplomatic  experiments  for 
obviating  the  tendency  of  a  war  in  Europe,  to  renew  embarrass 
ments  to  the  United  States.  The  case  of  Decatur's  expedition 
is  another  topic  for  consideration. 

Affectionate  respects, 

Mr.  DALLAS.  JAMES  MADISON. 


414  APPENDICES. 

DEAR  SIR, — In  the  haste  of  my  last  letter  to  you  I  omitted 
to  notice  the  wish  of  General  Scott  for  permission  to  visit 
Europe,  without  a  discontinuance  of  official  emoluments.  He  is 
certainly  entitled  to  every  admissible  indulgence,  and  in  this  case 
the  public  interests  might  be  promoted  by  the  military  instruc 
tion  he  might  acquire  on  that  theatre.  His  departure  will  of 
course  be  under  the  control,  and  with  his  own  choice,  of  the 
bearing  of  European  events  on  our  military  arrangements. 

Affectionate  respects, 

MR.  DALLAS.  JAMES  MADISON. 

May  11,  1815. 


DEAR  SIR, — I  send  a  report  on  the  organization  of  the  peace 
establishment  for  your  consideration.  The  first  general  order 
proposed  is  also  sent ;  the  second  general  order  will  conform, 
with  some  slight  exceptions,  to  the  report  of  the  Board  ;  and  the 
remaining  two  general  orders  will  be  in  substance  what  the  re 
port  states.  I  will  forward  them  to  you  as  fast  as  I  can  put 
them  into  form ;  but  if  you  approve  the  outline,  be  so  good  as  to 
sign  your  approbation  at  the  foot  of  the  report,  which  will  put 
the  whole  subject  in  order  for  the  record,  and  enable  me  to  begin 
the  publications. 

Mr.  Monroe  left  us  this  morning.  Mr.  Crowninshield  has  sent 
sailing  orders  to  Commodore  Decatur,  with  a  confidential  instruc 
tion,  as  to  any  danger  that  may  present  itself  in  Europe. 

Colonel  George  Croghan  has  resigned.  Shall  his  resignation 
be  accepted  and  another  name  substituted  ?  Or  shall  we  wait 
until  we  see  the  effect  of  his  being  announced  in  the  Army 
Register  ? 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 

The  President. 

13  May,  1815. 

MEMORANDA. 

1.  The  exceptions  from  the  general  reduction  of  the  military 
establishment,  as  contemplated  in  the  act  of  Congress,  seem  to 
be  necessary,  and  they  are  few,  to  wit : 

(1)  The  adjutant  and  inspector-general. 

(2)  The  quartermaster-general. 

(3)  The  apothecary-general  and  two  assistants. 

(4)  Two  garrison  surgeons,  and  ten  garrison  surgeons'  mates. 

(5)  Two  deputy  paymasters-general. 

To  supply  vacancies,  created  by  resignations  of  the  first  ap 
pointments  on  the  peace  establishments,  all  the  officers  are  de 
clared  to  be  held  provisionally  in  service. 


LETTERS,  ETC.  415 

To  secure  a  prompt  settlement  of  accounts,  all  officers  intrusted 
with  public  money  are  held  in  service  until  they  render  their 
accounts. 

2.  The  brigade  inspectors  and  brigade  quartermasters  are  to 
be  taken  by  the  brigadier-generals  from  the  line,  in  the  usual 
way,  and  cannot,  therefore,  be  named  in  the  Register. 

3.  Dr.  Waterhouse  and  Dr.  Elzy  are  substituted  for  Dr.  Thomas 
and  Dr.  Watkins,  reported  by  the  Board.     Dr.  Bronaugh  is  re 
tained,  as  Mr.  Monroe  thinks  there  would  be  suggestions  of  a 
disagreeable  kind  were  he  to  be  struck  off.     I  find  all  officers,  of 
all  parties,  speaking  well  of  him  here,  and  lamenting  the  affair 
with  Colonel  Coles  as  a  personal  one. 

4.  I  have  substituted  H.  Wheaton,  of  New  York,  as  a  judge 
advocate,  instead  of  R.  H.  Winder,  reported  by  the  Board.    Mr. 
Wheaton's  talents   are   unquestionable ;   and  it  is  desirable,  on 
many  accounts,  to  gratify  him. 


MONTPELIER,  May  14,  1815. 

DEAR  SIR, — Yours  of  the  12th  is  duly  received.  The  result 
of  the  consultation  on  the  discharge  of  the  army  and  the  ex 
pedition  against  Algiers  is  entirely  satisfactory;  that  relating 
to  the  question  of  diplomatic  measures  required  by  the  crisis  is 
so  also.  My  own  idea  was  rather  to  ripen  the  subject  for  de 
cision  than  to  act  on  it  before  the  intelligence  daily  expected  from 
Europe,  and  particularly  from  our  functionaries  there,  should 
arrive.  In  the  meantime  the  ordinary  measure  of  communica 
tions,  such  as  will  proceed  from  the  Department  of  State,  will 
be  proper  and  sufficient. 

Vessels  regularly  condemned  by  a  prize  court  cannot  fairly 
come  within  the  stipulation  for  restoring  private  property.  If 
the  vessels  were  captured  in  places  and  under  circumstances 
rendering  the  capture  lawful,  the  case  is  still  clearer.  The  order 
you  propose  to  issue  is  the  more  proper,  as  a  prompt  and  liberal 
attention  to  the  claims  of  the  other  party  will  strengthen  ours  to 
a  liberal  construction  of  the  treaty  in  favor  of  American  citizens. 
The  more  we  keep  in  view  the  irregularity  or  unreasonableness 
of  the  capture,  as  the  principle  of  restitution  in  the  case  of  pri 
vate  property,  the  more  our  construction  of  the  treaty  will  be 
favored  and  the  restitution  extended. 

Affectionate  respects, 

JAMES  MADISON. 

I  have  detained  the  mail  for  a  hasty  perusal  of  the  printed 
defence  of  General  Jackson,  which,  according  to  request,  is 
returned. 

Mr.  DALLAS. 


416  APPENDICES. 

DEAR  SIR, — I  am  anxious  to  make  our  army  arrangement 
satisfactory,  without  taking  too  great  a  latitude  in  the  discretion 
left  to  the  executive.  I  am  afraid  General  Jackson  will  be  mor 
tified  if  Major  Butler  and  Major  Hayne  are  not  noticed  in  some 
part  of  our  arrangement;  and  I  think  we  can  manage  the  matter 
safely  by  allowing  an  adjutant-general  (Major  Butler)  to  be  pro 
visionally  retained  for  the  division  of  the  south,  and  another 
(Major  Hayne)  to  be  provisionally  retained  for  the  division  of 
the  north.  The  appointments  are  essential  in  the  first  move- 
meats  to  organize  the  peace  establishment ;  and  it  is  clear  that 
Congress  must  provide  more  effectually  for  a  general  staff.  If 
you  approve  of  this  alteration,  my  only  remaining  desideratum 
will  be  an  honorable  subsistence  for  the  gallant  and  unfortunate 
M'Pherson.  Something  will,  perhaps,  occur  in  the  civil  line  to 
gratify  us  in  his  case. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 

The  President. 
14  May,  1815. 


DEAR  SIR, — On  reflection,  I  have  thought  it  right  to  recom 
mend  some  additions  and  alterations  in  the  plan  submitted  to 
you  for  organizing  the  army. 

1.  To  transport  the  troops  from  place  to  place  before  they  are 
formed  into  brigades  will  require  more  assistance  in  the  quarter 
master's   department.       I   propose,   therefore,    retaining    provi 
sionally, 

Samuel  Brown  (the  general's  brother),  deputy  quartermaster- 
general  for  the  division  of  the  north. 

Abram  B.  Fannin  (highly  recommended),  deputy  quarter 
master-general  for  the  division  of  the  south. 

2.  In  the   pay  department,  I  propose  that  the  deputies  pro 
visionally  retained  should  be  located  in  different  divisions  : 

Washington  Lee,  deputy  paymaster-general  for  the  division  of 
the  north. 

John  T.  Pemberton,  deputy  paymaster-general  for  the  division 
of  the  south. 

3.  The  vacancy  produced  by  Colonel  Aspinwall's  appointment 
as  consul  to  be  supplied  by  Colonel  Joseph   L.  Smith,  leaving 
Colonel  Clemson  to  fill  the  vacancy  produced  by  the  resignation 
of  Colonel  Croghan,  if  it  is  persisted  in. 

4.  Captain  Wm.  O.  Allen  to  be  substituted  for  Captain  Wm.  0. 
Wenston  in  the  corps  of  artillery,  upon  the  request  of  the  board 
of  officers  in  a  supplemental  report. 

5.  The  board  of  officers  left  a  blank  for  the  surgeon  of  the 
second  regiment.     I  propose  to  fill  it  with  the  name  of  Franklin 


LET  TEES,  ETC.  417 

Bache,  surgeon  of  the  twenty-second  infantry,  a  young  man  of 
fine  talents  and  amiable  character.  I  think  the  appointment  will 
have  a  good  effect. 

6.  The  inclosed  letter  from  General  Scott  will  show  the  mis 
take  that  has  unfortunately  excluded  Captain  Burd  of  the  light 
dragoons.  He  is  very  anxious  to  correct  it,  and  I  propose  to 
substitute  his  name  as  captain  in  the  fourth  regiment  for  the 
name  of  Captain  J.  Hook.  Captain  Burd  was  breveted  for  a 
gallant  affair  in  Maryland. 

T.  If  Major  Bankhead  will  accept  a  company  with  the  brevet 
of  major,  I  propose  to  substitute  his  name  for  the  name  of  B. 
Peyton  as  captain  of  the  fourth  regiment. 

8.  Captain   George  Bender,  of  the  ninth  infantry,  has  been 
omitted.     He  is  praised  as  the  first  captain  in  the  army  by 
Colonel  Aspinwall,  and  I  cannot  account  for  the  omission.    I  send 
a  note  on  his  subject  from  Colonel  Aspinwall  and  General  Parker, 
and  I  propose  to  substitute  Captain  Bender's  name  instead  of 
Wm.  Browning,  lately  promoted,   as  captain  of  the   fifth  regi 
ment.     I  will  then  transfer  Browning  to  the  head  of  the  list  of 
lieutenants  and  leave  off  the  name  of  the  lowest  lieutenant  on 
the  list. 

9.  Mr.  Monroe  informed  me  that  he  had  reflected  much  upon 
the  effect  of  leaving  off  Major  Gardner's  name  and  substituting 
Major  Butler's,  and  he  recommended  that  the  change  should  not 
be  made.     I  adopt  his  opinion,  and  shall  act  accordingly,  unless 
you  give  other  instructions.     Mr.  Monroe  left  us  yesterday. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 
The  President. 
14  May,  1815. 

DEAR  SIR, — I  have  written  to  you  already  by  this  day's  mail ; 
but  one  more  alteration  in  the  army  list  is  desirable.  Major  Cut 
ler  is  an  excellent  officer,  a  modest  man,  and  much  esteemed.  He 
has  been  in  service  eight  years,  but  has  not  enjoyed  an  opportu 
nity  of  becoming  conspicuous  in  the  field.  He  will  be  content  with 
a  company  and  the  brevet.  I  must  add  that  he  is  very  poor.  If 
you  approve  of  it,  I  can  make  an  arrangement  similar  to  the  one 
proposed  in  Captain  Bender's  case,  with  advantage,  I  think,  to 
the  list. 

I  hope  it  will  be  unnecessary  to  trouble  you  further  on  the 
general  organization  of  the  army.  . 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 

The  President. 
14  May,  1815. 


418  APPENDICES. 

MONTPELIER,  May  15,  1815. 

DEAR  SIR, — Yours  of  the  13th  is  received,  and  I  return  the 
outline  of  what  you  propose  with  the  approbation  desired,  which 
may  be  acted  on  or  reconsidered  in  any  of  its  parts  as  you 
judge  best.  This  discretion  is  suggested  by  a  question  whether 
the  order  relating  to  the  military  departments  and  to  the  distri 
bution  of  the  corps  ought  to  be  combined  with  that  relating  to 
the  reduction  and  organization  of  the  army, — the  former  being 
matters  of  executive  regulation  and  alteration  ;  the  last,  of  a  legal 
and  fixed  character.  It  is  recollected,  also,  that  the  military  com 
manders  of  districts  have  been  led  by  such  an  arrangement  into 
views  of  their  separate  and  independent  authority  within  their 
respective  precincts,  which  have  embroiled  them  with  one  an 
other  and  embarrassed  the  War  Department,  and  which  may  be 
strengthened  by  the  formality  to  be  given  in  this  case.  The 
commanders  of  districts  have  contested  the  right  of  a  senior  offi 
cer  arriving  within  them  to  take  the  command  ;  and  have  com 
plained  of  orders  from  the  War  Department  given  directly  to 
inferior  officers  within  their  districts,  although  required  by  con 
siderations  of  distance  and  urgency  and  made  known  at  the  same 
time  to  the  commanders  themselves.  Should  any  deviation  from 
what  is  proposed  be  ineligible,  these  remarks  will  suggest  an 
explanation,  if  error  on  these  points  be  not  already  sufficiently 
guarded  against,  of  the  real  authority  conferred  by  these  local 
arrangements. 

The  resignation  of  Colonel  Croghan  may  be  accepted  or  not, 
as  you  choose.  You  understand  better  than  I  do  the  circum 
stances  which  ought  to  decide  the  question. 

Affectionate  respects, 

Mr.  DALLAS.  JAMES  MADISON. 


MONTPELIER,  May  16,  1815. 

DEAR  SIR, — I  have  received  your  two  letters,  both  of  the  14th. 
I  know  of  no  objection  to  your  proposed  additions  to  or  changes 
in  the  list  of  retained  officers,  unless  it  may  be  in  the  erasure  of 
B.  Peyton.  If  he  be  the  young  gentleman  who  has  been  em 
ployed  at  or  in  the  neighborhood  of  Charlottesville  (Virginia),  I 
have  heard  him  spoken  of  as  of  merit,  and  much  esteemed  by 
some  whose  esteem  would  be  an  evidence  of  it.  I  have  no  per 
sonal  knowledge  of  him.  You  may  perhaps  have  the  means  of 
ascertaining  the  extent  of  his  pretensions  in  comparison  with 
others  standing  in  the  way  of  Major  Bankhead. 

Affectionate  respects, 

Mr.  DALLAS.  JAMES  MADISON. 


LETTERS,  ETC.  419 

MONTPELIER,  May  17,  1815. 

DEAR  SIR, — The  arrangement  proposed  in  yours  of  the  14th, 
just  received,  with  respect  to  Majors  Butler  and  Hayne,  appear 
to  be  eligible,  though  the  latter  may  not  find  it  convenient,  being, 
I  understand,  an  inhabitant  of  South  Carolina,  to  be  allotted  to 
the  northern  division  of  the  army.  It  is  desirable  to  gratify 
General  Jackson,  and  it  is  fortunate  that  in  this  case  it  can  be 
done  with  an  accommodation  at  the  same  time  to  the  public  ser 
vice.  I  know  not  how  to  account,  unless  by  faults  of  the  mail, 
for  his  long  silence  on  the  subject  of  martial  law  and  the  events 
growing  out  of  it.  His  printed  defence  shows  the  ground  on 
which  his  explanation  will  be  made,  and  shows  also  that  he  will 
not  be  prepared  for  the  view  of  the  subject  presented  in  your  letter 
to  him.  It  is  to  be  regretted  that  his  defence  was  forbidden  by 
the  judge  and  that  it  assumed  the  form  it  did.  The  ground  on 
\vhich  martial  law  takes  place  is  that  it  results  from  a  given 
military  situation ;  not  that  it  can  be  introduced  or  extended  in 
time  or  place  by  the  authority  of  a  military  commander.  When 
the  public  safety  calls  for  its  introduction  or  extension,  the  exer 
tion  of  it  rests  on  the  patriotic  assumption  of  an  extraordinary 
responsibility.  If  this  distinction  be  just,  a  better  course  might 
have  been  taken  than  that  which  the  general  was  led  to 
adopt.  All  his  reasons  and  views  ought,  however,  to  be  seen 
before  any  final  opinion  be  formed,  and  if  not  altogether  satis 
factory  when  seen,  ought  to  be  judged  with  a  liberality  propor 
tioned  to  the  greatness  of  his  services,  the  purity  of  his  inten 
tions,  and  the  peculiarity  of  the  circumstances  in  which  he  found 
himself. 

Affectionate  respects, 

Mr.  DALLAS.  JAMES  MADISON. 


DEPARTMENT  OF  WAR,  May,  1815. 

SIR, — The  very  difficult  and  unpleasant  task  of  reducing  the 
army  to  the  number  prescribed  by  the  act  of  Congress  fixing 
the  military  peace  establishment  of  the  United  States,  has  been 
accomplished,  and  the  .proceedings  of  this  department,  as  well 
as  the  result,  you  will  find  stated  in  the  inclosed  document.  It 
has  been  a  subject  of  great  regret  that  neither  you  nor  General 
Gaines  could  attend  at  Washington,  to  afford  us  the  aid  of  your 
experience  and  information,  but  you  may  be  assured  that  the 
merits  of  the  gallant  army  which  you  commanded  have  not  beenr 
overlooked.  Your  communications,  and  those  of  Colonel  Hayne 
(to  whom  you  referred  us),  have  been  regarded  as  conclusive 
testimonials  of  military  character,  and  I  hope  that  yourself  as 
well  as  your  officers  will  be  gratified  with  the  designation  that 


420  APPENDICES. 

has  been  made  for  the  military  peace  establishment.  If  there 
are  any  officers  of  your  army,  either  among  those  who  are  re 
tained,  or  those  who  are  discharged,  to  whom  you  think  the 
honorary  distinction  of  a  brevet  is  due  for  distinguished  services, 
you  will  be  pleased  to  name  them  to  the  department,  with  a 
reference  to  the  nature  and  date  of  their  services. 

You  observe,  sir,  that  you  are  appointed  to  the  command  of 
the  division  of  the  south  under  the  new  organization  of  the 
army.  It  was  proper,  in  the  first  instance,  to  apportion  and  dis 
tribute  the  troops  at  military  stations,  in  order  to  facilitate  the 
formation  of  the  corps  and  regiments,  but  you  will  consider  the 
present  apportionment  and  distribution  in  your  division  as  sub 
ject  to  any  alterations  that  your  observation  and  judgment  may 
suggest  for  the  benefit  of  the  service. 

The  defence  and  security  of  New  Orleans  and  Mobile  are  ob 
jects  of  primary  interest  and  importance.  The  recent  events  in 
Europe,  and  the  conflicting  claims  of  the  United  States  and  Spain 
to  a  part  of  the  Territory  of  West  Florida,  recommend  every 
precaution  that  can  be  taken  to  protect  our  own  rights  without 
infringing  the  rights  of  others,  and  I  will  thank  you  to  favor  the 
department  with  an  early  statement  of  your  views  on  that  sub 
ject,  extending  your  care  to  the  protection  of  Charleston,  Savan 
nah,  and  other  exposed  situations  of  the  southern  coast. 

The  preservation  of  peace  with  the  Indians,  and,  indeed,  with 
our  neighbors  in  Canada,  whether  acting  as  a  company  of  mer 
chants  or  as  a  government,  will  essentially  depend  upon  the 
positions  which  are  now  to  be  occupied  in  the  Indian  country. 
The  object  contemplated  in  that  respect  is  to  establish  posts 
along  the  course  of  the  British  traders  from  Michilimackinac  by 
Green  Bay,  the  Fox  River,  and  the  Ouiscousin  River,  to  Prairie 
du  Chien,  and  thence  up  the  Mississippi  to  St.  Anthony's  Falls. 
Commissioners  have  been  appointed  to  hold  a  treaty  with  the 
Indians  at  St.  Louis,  and  Colonel  Miller,  with  a  detachment  of 
men,  attending  the  commissioners,  will  take  position  at  Prairie 
du  Chien,  whence  he  will  be  eventually  ordered  into  the  division 
of  the  north,  to  which  his  regiment  is  assigned.  Major-General 
Brown  will  be  requested  to  correspond  with  you  on  the  measures 
taken  for  the  establishment  of  the  posts  falling  within  his  divi 
sion  and  to  avail  himself  of  your  information  and  experience. 

The  object  of  preserving  peace  may  be  united  with  the  policy 
of  improving  the  country  and  civilizing  the  Indians  by  the 
establishment  of  competent  posts  on  a  lower  route  from  Chicago 
along  the  Illinois  River  to  St.  Louis.  This  object  is  committed 
to  your  special  care  as  falling  Vithin  the  duties  of  your  com 
mand  ;  but  besides  communicating  your  views  upon  it  to  this 
department,  you  will  be  pleased  to  make  it  the  subject  of  a  cor- 
resDondence  with  Major-General  Brown,  so  that  the  measures 


LETTERS,  ETC.  421 

taken  in  each  division  may  be  known  in  both,  and  be  the  result 
of  a  beneficial  concert  and  co-operation. 

For  the  accomplishment  of  the  objects  which  have  been 
stated,  every  possible  despatch  should  be  used.  Castine  and 
Fort  Bowyer  have  been  restored,  and  assurances  are  given  that 
Fort  Niagara  and  Fort  Michilimackinac  will  be  soon  restored. 
Some  indulgence  is  asked  at  the  last  place,  but  it  cannot  be  long 
allowed,  as  the  season  for  the  Indian  trade  will  soon  commence, 
and,  in  a  single  season,  the  foundation  of  great  evils  may  be  laid. 

I  inclose  an  extract  from  the  letter  of  Governor  Sevier,  re 
questing  that  the  commissioners,  who  are  appointed  to  survey 
the  lands  lately  ceded  by  the  Creeks  to  the  United  States,  may 
have  a  military  escort  assigned  to  them.  You  will  be  pleased 
to  comply  with  this  request,  if  you  deem  it  advisable,  and  the 
state  of  your  troops  renders  it  convenient. 

The  general  orders  which  have  been  issued  this  day  comprise 
all  the  instructions  that  are  deemed  necessary  to  be  given  by 
this  department  for  the  immediate  organization  of  the  army  ac 
cording  to  the  peace  establishment,  and  the  most  diligent  atten 
tion  is  earnestly  requested  from  all  the  officers  in  the  perform 
ance  of  their  respective  duties. 

I  have  the  honor  to  be,  very  respectfully,  sir,  your  most  obe 
dient  servant, 

A.  J.  DALLAS. 

Major-General  ANDREW  JACKSON, 
Nashville. 


MONTPELIER,  May  19,  1815. 

DEAR  SIR, — Yours  of  the  16th  is  received.  The  army  report 
was  returned  some  time  ago.  There  have  of  late  been  delays 
between  this  and  Fredericksburg,  owing  to  inattention  at  the 
post-office  there,  which  may  account  for  your  not  having  received 
the  report.  There  must  have  been  a  miscarriage  altogether  of 
the  document  transferring  appropriations.-  I  now  return  a  du 
plicate  sent  me  from  the  War  Department. 

I  am  apprehensive  that  some  uneasiness  will  be  produced  in 
Kentucky  by  the  organization  and  appointments  for  the  army, 
however  unavoidable  the  causes  of  it  may  be.  It  probably  hap 
pens  that  there  will  be  a  greater  proportion  of  individual  disap 
pointments,  and  a  smaller  proportion  of  selections  to  the  aggre 
gate  and  acknowledged  merits  of  the  people  there  than  elsewhere, 
and  the  want  of  a  western  member  of  the  Board  at  Washington 
will  not  fail  to  excite  attention.  The  whole  is  to  be  regretted, 
but  no  remedy,  I  presume,  can  be  applied.  On  reflection,  I 
think  it  will  be  best  to  accept  Croghan's  resignation,  and  if  there 
be  no  special  objection  to  Major  Z.  Taylor's  replacing  him,  it 


422  APPENDICES. 

may  be  done.     A  selection  from  Kentucky  or  Tennessee  seems 
indispensable. 

I  am  glad  to  learn  that  the  difficulties  in  the  fiscal  department 
are  yielding  to  your  management  of  them.  Should  a  war  not 
result  from  the  crisis  in  Europe,  which  is  possible,  or  our  com 
merce  should  escape  its  former  rapacities,  which  may  happen, 
the  state  of  our  treasury  and  our  credit  will  put  us  out  of  the 
reach  of  domestic  intrigue  and  cupidity. 

If  Chandler's  claim  to  double  rations  be  not  within  the  scope 
of  the  law,  or  the  precedents  interpreting  it,  it  must  of  course 
be  disallowed.  If  otherwise  it  appears  to  be  reasonable,  and  is 
strengthened  by  the  opinion  of  General  Dearborn,  I  am  not  pre 
pared  to  judge  of  the  extent  to  which  the  allowance  would  open 
a  door  for  like  claims  not  supported  by  the  same  equity.  The 
war  office  can  place  the  whole  subject  before  you. 

Affectionate  respects, 

JAMES  MADISON. 

Mr.  DALLAS. 


DEAR  SIR, — The  inclosed  letter  from  General  Jackson  shows 
that  Fort  Bowyer  has  been  restored,  without  difficulty  ;  but  that 
the  negroes  taken  near  New  Orleans  are  retained.  There  are  no 
accounts  from  Niagara. 

1  have  sent  by  this  mail  the  new  Army  Register,  the  general 
orders  for  effecting  the  organization  of  the  peace  establishment, 
and  copies  of  my  letters  to  Generals  Jackson  and  Brown.  These, 
together  with  your  address  of  thanks,  and  the  instructions  to  the 
board  of  general  officers,  will  appear  in  the  National  Intelligencer 
of  Monday,  and  be  transferred  into  a  small  pamphlet  for  circula 
tion  in  the  army.  A  knowledge  of  the  principles  which  have  been 
adopted  on  the  present  occasion  must,  I  think,  secure  the  appro 
bation  of  the  candid,  and  silence  the  clamors  of  the  malcontent. 

I  have  thought  it  best  to  retain  Colonel  Croghan's  name  in  the 
Register,  as  he  constitutes  an  important  feature  in  the  selection 
from  the  northwestern  army,  and  the  substitute  proposed  by  the 
Board,  Colonel  Clemson,  comes  from  the  east.  If  Colonel 
Croghan  perseveres  in  his  resignation,  it  will  be  more  easy  to  in 
troduce  another  name,  without  being  exposed  to  cavils  hereafter. 
Major  Bankhead  has  declined  taking  the  only  place  which  was 
open  for  him  ;  but,  as  I  undersood  that  Mr.  Monroe  would  write 
to  him  on  the  subject,  and  wished  the  arrangement  to  be  made, 
I  shall  retain  Major  Bankhead's  name  for  the  present. 

Commodore  Rodgers  has  received  a  letter  from  Dr.  Bullus, 
the  navy  agent,  stating  that  a  vessel  had  just  arrived  at  New 
York  with  accounts  of  a  declaration  of  war  by  England  against 
France,  and  of  a  battle  in  Belgium,  the  issue  of  which  was  not 


LETTERS,  ETC.  423 

known.     This  day's  eastern  mail  will  give  more  correct  informa 
tion.     Our  squadron  has  probably  sailed  from  New  York. 

Our  stocks  are  rising  every  day.  They  are  in  demand  at  93 
in  Philadelphia.  The  speculators  and  brokers  are  in  a  rage  that 
I  have  refused  their  offers  at  85,  8T,  and  89.  That  refusal,  how 
ever,  aided  by  the  events  in  Europe,  will  probably  put  six  per 
cents  at  par  in  six  months.  I  think  Mr.  Adams  may  negotiate 
the  sale  in  Europe  at  a  higher  rate  than  95.  As  soon  as  the 
army  is  paid  and  the  navy  provided  for,  I  shall  begin  to  call  in 
the  treasury  notes  which  are  due  and  unpaid. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 

The  President. 
20  May,  1815. 


DEAR  SIR, — I  have  just  received  your  letter,  expressing  a  wish 
that  Colonel  Croghan's  resignation  should  be  accepted  ;  but  the 
Army  Register  has  been  actually  printed,  including  his  name, 
for  the  reason  which  I  assigned  in  my  last  letter.  I  think,  how 
ever,  you  will  not  regret  the  occurrence  when  you  observe  that 
Major  Taylor  must  have  been  promoted  to  a  higher  rank  in  order 
to  take  Colonel  Croghan's  place,  who  is  a  lieutenant-colonel  in 
the  line  ;  and  this  course  would  not  have  corresponded  with  the 
general  principle  of  the  selections,  which  admitted  of  an  officer's 
being  reduced  with  his  own  consent,  but  has  not  been  applied  to 
give  any  officer  higher  rank  in  the  line.  But  you  will  find  that 
both  Major  Taylor  and  Major  Bradford,  who  were  united  in 
Colonel  Owing's  protest,  are  retained  as  captains,  with  brevets 
as  majors.  Bradford  has  expressed  perfect  satisfaction  with  the 
arrangement,  and  he  told  me  that  the  protest  had  been  written 
under  a  misapprehension  of  the  course  taken  by  the  board  of 
general  officers ;  but  that  he  was  confident,  upon  better  informa 
tion,  that  the  selections  would  be  approved  and  supported  in 
Kentucky.  Colonel  Jessup  and  Major  Bradford  told  me  that 
they  doubted  whether  Major  Taylor  would  consent  to  remain  in 
the  army  on  any  terms  ;  that  he  was  a  man  of  fortune,  and  that 
he  had  long  ago  expressed  a  determination  to  resign.  But,  view 
ing  the  subject  in  its  general  aspect,  you  will  find,  I  believe,  that 
the  western  country  has  a  full  portion  of  the  peace  establish 
ment.  Generals  Jackson,  Games,  Smith,  etc.,  Colonel  Miller, 
Colonel  Nicholas,  Colonel  Croghau,  Colonel  Jessup,  etc.,  are  at 
the  head  of  a  long  western  list. 

I  inclose  letters  from  St.  Louis  on  Indian  affairs,  and  a  report 
from  Colonel  Jessup  of  his  proceedings  in  Connecticut. 

There  are  no  details  of  the  news  sent  by  Dr.  Bullus  to  Com 
modore  Rodgers. 


424  APPENDICES. 

Be  so  good  as  to  state  whether  you  have  received  my  report 
in  the  case  of  Mr.  Eustaphiere,  the  Russian  consul. 
I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 
The  President. 
21  May,  1815. 

I  open  my  letter  to  add  that  letters  from  New  Orleans  inform 
us  that  provision  was  made  at  that  place  for  paying  the  whole  of 
the  regulars  and  militia,  the  banks  advancing  money  for  drafts 
on  the  paymaster  of  the  army,  which  will  be  punctually  paid 
here.  The  northern  army  is  amply  provided  for ;  and  I  think 
that  our  funds  cannot  fail  in  any  quarter. 


MONTPELIER,  May  21, 1815. 

DEAR  SIR, — I  have  received  yours,  without  date,  inclosing  the 
letters  from  Mr.  Hall  and  Mr.  Forsyth,  which  are  now  returned. 
A  letter  was  lately  sent  to  the  Secretary  of  State  from  Governor 
Early,  recommending  a  successor  to  Mr.  Harris  as  district  attor 
ney  for  Georgia.  I  forget  whether  it  was  the  same  gentleman 
as  is  the  subject  of  the  letters  from  Messrs.  H.  and  F.  If  it  was, 
the  appointment  of  Mr.  Davis  may  take  place ;  otherwise, 
further  inquiry  may  not  be  amiss. 

I  have  a  letter  from  General  Gaines,  by  which  I  find  that  the 
selection  of  him  is  accepted  with  equal  modesty  and  gratitude. 

In  my  remarks  on  the  resignation  of  Colonel  Croghan,  it  was 
not  my  meaning  that  Major  Taylor  should  succeed  to  the 
vacancy  as  lieutenant-colonel,  but  that  it  might  open  the  way 
for  retaining  the  latter  as  major.  If  the  case  could  be  so  man 
aged  as  to  advance  Jessup  to  the  place  of  Croghan,  it  would  do 
no  more  than  justice  to  that  very  distinguished  officer,  and  would 
unite  several  advantageous  considerations.  But,  if  I  am  right 
in  my  recollection,  Jessup  has  risen  to  the  brevet  rank  of  colonel 
from  that  of  major  only  in  the  line. 

Affectionate  respects, 

JAMES  MADISON. 

Mr.  DALLAS. 


DEAR  SIR, — I  have  received  the  inclosed  letters  from  General 
Jackson  and  General  Gaines.  The  former  does  not  appear  to 
have  received  any  of  our  letters  ;  and  the  latter  has  only  received 
the  letter  inviting  him  to  Washington,  or  his  answers  have  mis 
carried. 

There  is  a  remarkable  coincidence  between  General  Gaines' 


LETTERS,  ETC.  425 

recommendatory  list  and  the  selections  made  here  ;  and  Lien- 
tenant  Spotts,  who  is  strongly  recommended  by  General  Jackson, 
and  for  whom  I  ask  a  brevet,  says,  that  the  Army  Register  will 
give  the  highest  satisfaction  to  the  South.  As  the  National 
Intelligencer  of  to-day  contains  the  whole  of  the  military  budget, 
we  shall  soon  ascertain  the  feelings  of  the  officers  and  the  printers 
upon  the  occasion. 

I  send  a  letter  from  General  Dearborn,  inclosing  Colonel 
Starke's  official  report  of  the  surrender  of  Castine.  When  you 
return  this  communication,  I  will  send  a  copy  of  it  to  the  De 
partment  of  State,  that  Mr.  Monroe  may  be  able  to  meet  Mr. 
Baker's  claim  with  a  knowledge  of  the  facts. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 

The  President. 
22  May,  1815. 


DEAR  SIR, — I  had  prepared  a  letter  to  General  Brown  respect 
ing  the  surrender  of  the  fort  at  Michilimackinac  before  I  received 
your  favor  of  the  24th  instant.  Every  consideration  presses  that 
object  upon  our  attention ;  and  an  early  possession  must  be  insisted 
on  by  all  means  except  force.  If  the  delay  continues  until  Mr. 
Monroe's  return,  you  will,  perhaps,  think  it  right  to  address  Mr. 
Baker  on  the  subject.  The  views  which  I  have  taken  of  the 
posts  to  be  introduced  into  the  Indian  country  contemplate  a 
gradual,  but  steady,  operation,  which  may  be  completed  in  two 
or  three  years.  We  have  no  answer  from  Colonel  Hawkins. 

The  Secretary  of  the  Navy,  Commodore  Chauncey,  and  myself 
concur  in  the  view  which  General  Brown  has  taken  of  the  ex 
pediency  of  transferring  the  naval  and  military  station  from 
Sackett's  Harbor  to  Henderson's  Bay.  They  concur,  too,  in  the 
opinion  that  the  ships  at  Sackett's  Harbor  should  be  finished  for 
launching;  and,  when  launched,  should  be  removed  to  Hender 
son's  Bay,  and  sunk.  If  left  on  the  stocks,  they  will  perish  in 
two  years ;  and  they  cannot  be  launched  and  sunk  at  Sackett's 
Harbor.  The  expense  of  finishing  them  will  amount  to  a  sum 
of  about  fifty  thousand  dollars;  and  the  expense  of  purchasing 
a  site  for  the  military  and  naval  station  at  Henderson's  Bay  will 
be  about  two  or  three  dollars  per  acre.  It  would,  I  think,  how 
ever,  be  wise  to  purchase  the  peninsula  included  within  a  line 
run  from  the  head  of  the  bay  to  the  mouth  of  Stoney  Creek. 
The  subject  will  remain  for  your  consideration  at  Washington ; 
but,  in  the  mean  time,  I  will  request  General  Brown  to  ascertain 
the  quantity  of  land,  the  price,  etc.,  and  to  make  a  conditional 
arrangement,  so  as  to  avoid  binding  the  government  to  purchase, 
but,  at  the  same  time,  prevent  the  price  being  raised  upon  us. 

28 


426  APPENDICES. 

Mr.  Crowninshield  has,  I  presume,  mentioned  to  you  the  differ 
ence  of  opinion  which  has  arisen  between  him  and  the  Board  of 
navy  commissioners.  The  occurrence  was  anticipated,  and  stated 
to  Mr.  Jones  when  he  showed  me  his  plan.  It  appears  to  me  to 
be  a  plain  case  in  favor  of  the  Secretary  of  the  Navy  ;  but  a  case 
of  some  delicacy.  The  style  of  the  Board  was  improper,  even 
if  their  claims  were  correct.  I  am  afraid  that  the  employment 
of  Goldsborough  has  been  injurious ;  but  I  fear  still  more  that 
our  good  comptroller's  opinion  of  his  own  legal  learning  has  laid 
the  foundation  of  much  error. 

I  have  recommended  Mr.  Wardell's  case  to  the  collector  of 
New  York. 

There  is  nothing  new  here.  I  presumed  that  you  would  not 
return  to  Washington  until  some  accounts  from  our  commissioners 
reached  us.  If  your  health  improves  at  Montpelier  I  should  be 
sorry  to  see  you  hasten  your  return,  as  Ixam  not  aware  of  any 
immediate  pressure  of  business. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 

The  President. 
26  May,  1815. 

MONTPELTER,  May  24,  1815. 

DEAR  SIR, — I  have  received  yours  of  the  20th  and  21st,  to 
which  the  arrival  of  the  mail  enables  me  to  add  that  of  the  22d. 
I  return  the  letter  from  General  Jackson  inclosed  in  the  first,  and 
the  letters  from  Forsyth,  Russell,  Governor  Holmes,  and  Jessup 
inclosed  in  the  second.  The  last  is  a  very  interesting  document, 
arid  shows  the  writer  to  be  a  man  of  excellent  sense,  as  well  as 
a  shining  warrior.  The  aspect  of  things  in  the  Missouri  district 
is  rendered  much  worse  than  described  by  Russell,  by  a  melan 
choly  paragraph  in  a  St.  Louis  gazette,  which,  as  it  may  not 
have  reached  you,  I  put  under  this  cover.  It  furnishes  a  topic 
on  which  the  British  commander  in  Canada  maybe  pressed  with 
peculiar  force  to  hasten  the  delivery  of  Michilimackinac.  That 
ocular  proof  only  of  the  honorable  termination  of  the  war  will 
extinguish  the  confidence  and  hostility  with  which  the  savages 
have  been  inspired  by  their  allies ;  especially  as  the  latter,  from 
pride  and  policy  both,  will  exaggerate  the  stipulation  in  the 
treaty  in  favor  of  the  former.  I  am  glad  you  are  turning  your 
thoughts  systematically  to  the  Indian  department  of  our  affairs. 
It  embraces  a  cordon  of  posts.  Agents  political,  and  agents  com 
mercial.  A  cordon,  stretching  from  Michigan  to  the  frontier 
settlements  westward  of  the  Mississippi,  and  on  the  back  of  those 
settlements  southward  to  a  connection  with  Louisiana,  would 
form  an  advantageous  barrier  between  the  white  and  the  red 


LETTERS,  ETC.  427 

people,  and  protect,  at  the  same  time,  the  public  lands  against 
lawless  occupancies.  The  military  force,  however,  that  can  fairly 
be  so  applied  is  inadequate  to  the  whole  object.  It  is  question 
able  whether  an  adequate  portion  can  be  found  for  the  double 
cordon  you  have  in  view  for  the  northwestern  quarter,  which, 
being  most  under  the  influence  of  the  Canadian  traders,  evidently 
requires  the  strongest  precautions,  without  neglecting  too  much 
the  defence  due  to  the  Missouri  territory  on  the  western  side. 
General  Mason  will  be  able  to  afford  much  useful  information  on 
the  subject  of  the  commercial  agencies.  If  that  mode  of  supply 
ing  the  wants  of  the  Indians  be  continued,  some  new  regulations 
may  be  found  necessary,  as  well  to  prevent  abuses  at  distant 
factories  as  to  supersede  more  the  resort  of  the  Indians  to  Brit 
ish  supplies.  The  correspondences  and  communications  on  the 
files  of  the  War  Department  will  throw  light  on  this  subject,  if 
they  can  be  selected  by  any  of  the  remaining  clerks.  Some 
valuable  information  was  communicated  by  Judge  Lucas,  but 
whether  on  paper  or  verbally  I  do  not  recollect.  It  becomes  an 
interesting  question  how  far  we  ought  at  once  to  shut  out  the 
British  traders  from  our  limits,  not  only  on  this  side  the  Missis 
sippi,  but  through  the  whole  extent  of  the  Louisiana  purchase. 
Within  the  latter  they  never  had  a  right,  though  they  once  set 
up  a  claim  to  trade  with  the  Indians,  and  from  the  former  they 
may  now  be  excluded  by  the  tenor  of  the  treaty  at  Ghent ;  and 
as  to  both,  a  prohibition,  at  no  distant  day,  will  be  essential. 
For  the  moment,  it  may  perhaps  be  as  well  to  bring  these  ques 
tions  into  view  as  little  as  possible,  as  they  may  increase  difficul 
ties  on  others  depending  on  the  treaty  of  Ghent,  taking  care, 
however,  that  no  sanction  be  given,  in  any  way,  to  the  trade 
enjoyed  of  right  heretofore  with  the  Indians  on  this  side  the 
Mississippi.  It  has  not  yet  been  decided  whether  a  general 
superintendency  (political),  such  as  was  held  by  Governor  Hull, 
should  be  established  for  the  northwest  Indians,  or  into  whose 
hands  it  should  be  placed.  Mr.  Monroe  had  it  under  consideration 
as  a  service  for  General  Wilkinson.  Whether  it  would  suit  him, 
and  he  that,  are  of  course  open  questions.  If  Colonel  Hawkins 
should  leave  the  Creek  agency,  a  candidate  will  be  seen  in  a 
letter  now  forwarded.  I  recollect  nothing  of  his  character.  If 
the  vacancy  be  not  applied  in  alleviation  of  reduced  officers, 
great  respect  is  due  to  Colonel  Hawkins's  recommendation.  A 
commission  may  be  issued  for  Colonel  Hinds  as  brigadier,  etc., 
as  recommended  by  Governor  Holmes. 

The  papers  relating  to  Mr.  Eustaphiere  were  sent  to  the  Sec 
retary  of  State,  with  a  suggestion  that  his  case  should  be  stated 
to  the  emperor  in  the  manner  most  likely  to  combine  the  two 
objects  of  conciliating  the  master  and  getting  rid  of  the  servant. 

Issue  the  brevet  you  propose  for  Lieutenant  Spotts. 


428  APPENDICES. 

I  return  the  papers  relating  to  Castine  and  the  captured  stores, 
which  may  await  the  return  of  the  Secretary  of  State  to  Wash 
ington,  previous  to  which  he  will  probably  hold  no  further  com 
munication  with  Mr.  Baker  on  the  subject. 

The  military  budget  makes  its  appearance,  I  observe,  in  the 
National  Intelligencer.  I  cannot  refer  to  it  without  expressing 
my  obligations  for  the  laborious  task  it  has  cost  you,  and  my 
gratification  that  you  are  at  length  relieved  from  it.  Besides  the 
labor,  the  task  has  been  distinguished  by  the  delicate  questions 
involved  in  it,  touching  the  comparative  pretensions  of  meritori 
ous  individuals.  That  there  will  be  a  unanimous  approbation 
of  what  has  been  done  is  not  to  be  expected.  But  I  persuade 
myself  that  the  candid  and  reasonable  part  of  the  public,  taking 
into  view  the  arduous  nature  of  the  duty,  and  the  propriety  of 
blending  with  a  reward  for  past  services  a  provision  for  future 
ones,  will  be  more  than  merely  satisfied  with  the  execution  of  the 
law. 

I  return  the  papers  in  behalf  of  B.  and  I.  Bohlen.  Be  so  good 
as  to  refer  them  to  the  State  Department;  and  if  you  think  the 
circumstances  of  the  case  sufficiently  peculiar  and  strong,  with 
out  the  usual  resort  for  information  to  the  official  sources,  a  par 
don  may  issue.  Some  countenance  to  a  favorable  interposition 
of  the  executive  in  such  cases  has  been  generally  required  from 
the  judges,  the  jury,  or  the  law  officer  prosecuting,  in  order  to 
guard  against  the  liberality  and  sympathy  which  so  readily  fur 
nish  private  recommendations.  I  am  not  prepared  to  form  an 
opinion  on  the  merits  of  the  question  as  decided  by  the  supreme 
court.  I  presume  that  they  were  much  influenced  by  the  con 
sideration,  that,  if  the  securing  the  duties,  etc.  were  to  stamp 
imported  merchandise  with  all  the  rights  of  circulation,  a  danger 
ous  door  might  be  opened  for  collusion.  Whatever  may  have 
been  the  ground  of  the  decision,  it  is  but  fair  to  distinguish 
between  cases  prior  and  cases  subsequent  to  it.  If  you  think  it 
requisite  that  the  prosecuting  attorney  should  be  applied  to,  the 
order  indorsed  for  the  pardon  may  be  suspended.  The  indorse 
ment  is  on  your  statement  of  the  case. 

The  letter  of  Mr.  Sailler  and  the  papers  with  it  were  brought 
to  me  here  by  Mr.  Buel,  the  subject  of  them.  I  told  him  they 
would  of  course  be  referred  to  the  Treasury  Department,  to 
which  he  might  add  any  explanations  he  might  have  to  make. 
Sailler  was  formerly  a  very  respectable  member  of  Congress,  and, 
as  far  as  his  testimony  with  the  drawback  of  kindred  bias  goes, 
it  is  entitled  to  attention.  But  he  is  aware  of  the  indiscretion 
which  calls  for  the  executive  animadversion.  And  with  respect 
to  the  question  of  interest  between  Buel  and  his  successor,  I 
understood  that  it  was  already  in  court.  If  Buel  means  to  lodge 
charges  against  Yanness,  or  his  representations  suggest  inquiry 


LETTERS,  ETC.  429 

as  to  the  conduct  of  the  latter,  you  will  of  course  take  the  usual 
steps. 

The  letter  recommending  Mr.  Wardell  for  an  office  in  the  cus 
toms  at  New  York  is  from  two  of  my  worthy  neighbors.  Mr. 
Monroe,  I  learn,  has  been  led  by  his  friends  in  Fredericksburg 
to  write  to  Mr.  Gelston  4with  a  view  to  his  patronage.  I  am  not 
acquainted  with  Wardell,  but  have  much  confidence  in  those  re 
commending  him.  The  great  objection  arises  from  the  circum 
stance  of  his  intending  to  settle  in  New  York  without  having 
previously  settled  there,  and  which  may  be  pressed  by  his  com 
petitors.  If  this  objection  be  waived  or  disregarded  by  Mr. 
Gelston,  Mr.  Wardell  may  fairly  enter  into  comparison  with  other 
candidates. 

I  have  not  yet  fixed  on  the  time  of  my  return  to  Washington. 
It  will  probably  be  in  the  course  of  next  week.  I  hope  to  see 
Mr.  Monroe  in  the  course  of  this  or  early  in  the  next,  and  I 
shall  then  fix  on  the  day  for  setting  out. 

Yours  affectionately, 

JAMES  MADISON. 

The  letter  from  General  McArthur,  now  returned,  is  another 
proof  of  the  obligation  on  the  British  commander  to  deliver  Fort 
Mackinaw,  and  of  ours  to  press  it  on  him.  You  will  of  course 
approve  the  means  necessary  to  make  Fort  Wayne  temporarily 
secure  at  least.  And  unless  it  be  understood  that  the  northwest 
Indians  alluded  to  are  embraced  in  and  will  attend  the  treaty 
already  instituted,  another  may  be  set  on  foot  under  Governor 
Cass  and  General  McArthur,  or  any  other  commissioners  that 
may  be  more  conveniently  employed.  Perhaps  Worthingtou 
might  properly  be  at  the  head  of  the  commission.  The  expense 
and  the  extent  of  the  proceeding  ought,  however,  to  be  influ 
enced  by  the  number  and  the  importance  of  the  tribes  to  be 
treated  with.  Query — How  would  it  do  to  offer  General  Wilkin 
son  a  service  on  the  occasion  ?  He  is  at  home  in  that  quarter. 

Mr.  DALLAS. 

MOKTPELIER,  May  27,  1815. 

DEAR  SIR, — It  is  represented  to  me  from  a  very  respectable 
source  in  Kentucky  that  Messrs.  Ward  and  Taylor  (arr^y  con 
tractors)  are  men  of  real  patriotism  and  integrity ;  that  their 
services  have  been  particularly  critical  and  meritorious  ;  and  that 
they  are  threatened  with  absolute  ruin  in  consequence  of  their 
pecuniary  exertions  unless  they  can  be  immediately  aided  by  an 
ticipations  of  what  will  be  due  to  them,  and  which  will  be  justi 
fied  by  their  characters  and  their  responsibility.  If  anything 
can  be  done  for  them  I  am  sure  you  will  not  let  them  suffer 
unjustly  or  improperly.  The  case  is  doubtless  within  your  com- 


430  APPENDICES. 

« 

mand  of  all  the  requisite  information  by  which  its  merits  is  to  be 
determined. 

I  am  just  favored  with  yours  of  the  25th  instant. 

I  am  commencing  my  arrangements  preparatory  to  my  return 
to  Washington.  I  hope  to  reach  it  about  the  end  of  the  ensuing 
week. 

Affectionate  respects, 

Mr.  DALLAS.  JAMES  MADISON. 


DEAR  SIR, — I  inclose  a  report  upon  the  expediency  of  selling 
a  part  of  the  gunpowder,  to  which  you  will  be  so  good  as  to 
subjoin  your  approbation. 

My  friend  Colonel  Johnstone  spares  no  one  on  the  subject  of 
Ward  and  Taylor's  contract.  The  truth  is  that  by  his  assiduity 
during  the  session  of  Congress  they  fared  much  better  than  any 
other  contractors.  They  have  actually  received  near  $500,000 
on  their  old  contract,  and  I  have  just  given  them  a  warrant  for 
$10,000  on  their  new  contract  in  advance.  Their  accounts  are 
not  settled,  and  the  apparent  balance  of  their  account  for  their 
old  contract  is  about  $50,000,  liable,  however,  to  an  augmentation 
upon  additional  vouchers.  One  of  the  New  York  contractors 
has  a  balance  of  more  than  $500,000  due  to  him.  But  in  point 
of  fact  Mr.  Ward  himself  was  with  me  a  day  or  two  ago,  and 
was  perfectly  satisfied  with  my  arrangements ;  and  in  point  of 
law  the  appropriation  for  subsistence  is  exhausted,  and  unless  we 
can  remit  it  from  the  ordnance  fund  we  shall  be  obliged  to  sus 
pend  all  payments  until  Congress  meets. 

I  sent  a  copy  of  General  McArthur's  letter  to  General  Brown 
as  soon  as  I  received  it,  and  I  will  write  to  the  commanding  offi 
cer  at  Fort  Wayne  to  make  himself  secure  at  that  place.  I 
think  you  will  find  it  necessary  to  hold  a  distinct  treaty  with  the 
Indians  to  whom  the  general's  letter  relates.  Governor  Clarke's 
commission  is  to  treat  with  the  Indians  west  of  the  Illinois  River 
and  Lake  Michigan  merely  for  peace  in  pursuance  of  our  treaty 
with  England.  But  the  Indians  of  whom  General  McArthur 
speaks  inhabit  east  of  the  Illinois  River  and  Lake  Michigan,  in 
Michigan  Territory,  etc.  etc.,  and  are  principally  the  very  Indians 
with  whom  Governor  Cass  and  General  Harrison  concluded  the 
treaty  of  the  2d  July,  1814.  As  a  treaty  is  certainly  better  than 
a  war,  I  submit  to  you  the  appointment  of  Governor  Worthing- 
ton,  General  Wilkinson,  and  Mr.  John  Graham  (who  in  a  letter 
to  his  brother  from  Chillicothe  expresses  a  willingness  to  serve) 
as  the  pacific  negotiators.  In  the  mean  time  I  will  write  to  Gov 
ernor  Worthington  merely  to  draw  his  attention  to  the  subject 
and  to  request  his  good  offices  in  preserving  harmony.  Governor 


LETTERS,  ETC.  431 

Cass  will  also  be  instructed  to  use  his  best  endeavors  to  prevent 
or  to  repel  hostilities. 

As  it  is  probable  that  I  shall  see  you  in  a  few  days,  the  im 
portant  objects  connected  with  our  Indian  country,  the  posts  at 
Maiden  and  Mackinac,  and  the  arbitration  articles  of  our  treaty 
will  be  reviewed.  But  do  you  not  think  it  would  be  advisable 
to  appoint  at  once  our  arbitrators  under  each  article  of  the  treaty, 
and  to  notify  the  appointment  to  the  British  government?  The 
English  interest  is  all  on  the  side  of  delay  ;  our  interest  is  all  on 
the  side  of  decision ;  and  the  moment  is  favorable  to  enforce  a 
settlement.  I  am  always  afraid  of  allowing  rights  or  claims  to 
assume  the  character  of  being  obsolete. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 

The  President. 
29  May,  1815. 

I  inclose  Mr.  Graham's  letter.  Provision  had  been  long  ago 
made  to  pay  the  troops  which  he  mentions  as  wanting  their  pay. 

I  have  just  received  a  letter  from  Mr.  Stickney  dated  at  St. 
Mary's.  It  contains  very  unpleasant  accounts,  and  I  am  afraid 
our  white  men  provoke  much  of  the  hostility  manifested  by  the 
Indians.  Perhaps  you  will  think  it  right  to  send  an  admonitory 
proclamation  into  the  several  regions  of  new  settlements. 


MONTPELIER,  May  30,  1815. 

DEAR  SIR, — Since  my  last  I  have  received  the  inclosed  from 
the  two  western  contractors. 

I  have  determined  to  set  out  for  Washington  on  the  1st  of 
June,  and  shall  probably  have  tne  pleasure  of  being  with  you  on 
Monday  next,  if  not  sooner.  It  may  be  expected  that  by  that  time 
the  multiplying  arrivals  from  Europe  will  put  us  in  possession  of 
the  state  of  things  there  which  ought  to  influence  measures  here. 
Another  consideration  is,  that  a  decision  on  the  case  produced  by 
the  act  establishing  the  navy  board  may  be  more  satisfactory  if 
made  with  the  advantages  on  the  spot  than  if  made  without 
them.  I  cannot  but  hope  that  the  constitutional  relation  of  the 
Secretary  of  the  Navy  to  the  executive,  and  the  legal  relation  of 
the  Board  to  the  former,  will  furnish  a  ground  for  a  decision  that 
will  be  satisfactory.  But  I  perceive  with  regret  the  subject  has 
presented  itself  to  the  commissioners  in  some  views  that  may  be 
embarrassing.  Where  can  be  found  most  conveniently  the  con 
stitutions  of  the  British  admiralty  and  navy  boards?  The  rela 
tions  between  them  might  tie  of  use  on  the  occasion. 

Be  so  good  as  to  discontinue  communications  hither  after  the 
receipt  of  this,  and  to  accept  my  affectionate  respects, 

JAMES  MADISON. 

Mr.  DALLAS. 


432  APPENDICES. 

MONTPELIER,  June  1,  1815. 

DEAR  SIR, — I  have  just  received  yours  of  the  29th  ult.  I 
return  approved  your  proposition  for  the  sale  in  the  ordnance 
department ;  also  your  recommendation  for  provisionally  retain 
ing-  Mr.  Linnard. 

I  am  under  the  impression  that  Mr.  Monroe  wrote  to  Governor 
Cass  on  the  subject  of  the  Indians  on  that  frontier,  and  took  the 
steps  necessary  for  having  the  peace  notified  to  them.  Be  that 
as  it  may,  it  is  proper  that  immediate  attention  should  be  given 
to  the  matter  as  it  is  now  represented.  General  Wilkinson  and 
Mr.  Graham  will  be  fit  commissioners,  and  may  without  loss  of 
time  be  put  on  the  service.  Worthington  and  Cass  are  also  well 
adapted.  But  both  will  not  be  wanted,  and  the  appointment  of 
one  may  not  be  taken  well  by  the  other.  McArthur  may  also 
have  his  feelings  in  the  case  unless  his  services  be  employed 
in  some  other  way.  On  the  whole,  however,  I  do  not  know  that 
any  selection  can  be  made  better  than  that  you  have  suggested, 
viz.,  Worthington,  Wilkinson,  and  Graham.  If  a  different  view 
of  the  subject  should  present  itself,  it  may  await  my  arrival  at 
Washington.  The  subject  of  General  Scott's  letter  may  conven 
iently  do  so. 

I  wrote  some  time  since  to  Mr.  Monroe,  calling  his  attention 
to  the  appointment  of  commissioners  for  boundary,  etc. ;  one  of 
them  has  long  been  designated.  There  has  been  a  difficulty  in 
choosing  among  the  others  brought  into  view. 

I  shall  set  out  to-day  for  Washington,  taking  the  route  through 
Stephanburg  and  Elkruii  Church,  and  shall  probably  be  in  Wash 
ington  by  Monday. 

Affectionate  respects, 

Mr.  DALLAS.  JAMES  MADISON. 


WASHINGTON,  July  11,  1815. 

DEAR  SIR, — As  the  writer  of  the  inclosed  letter  may  possibly 
call  on  you,  I  have  thought  it  proper  that  you  should  be  pre 
viously  acquainted  with  its  singular  contents.  Mr.  Graham 
mistook  my  intentions  in  touching  the  subject  of  communications 
between  you  and  myself.  He  will,  in  order  to  put  an  end  to  the 
business,  inform  Major  O'C.  definitely  that  the  vacancy  in  the 
artillery  which  he  seeks  will  not  be  immediately  filled.  One  other 
respectable  candidate  for  it  I  recollect  you  named  as  recom 
mended  by  General  Pinkney,  and  it  is  possible  that  others  may 
be  brought  into  view.  There  are  several  vacancies  of  the  same 
rank  in  the  line  for  which  there  are,  I  believe,  candidates  also 
already  before  the  department,  and  others  may  be  expected  to 
come  forward.  It  will  be  time  enough  to  decide  on  the  preten 
sions  of  Major  O'C.  after  reasonable  opportunities  are  given  for 


LETTERS,  ETC. 

estimating  the  comparative  merits  of  others.     We  remain  without 
a  ray  of  intelligence  from  or  of  our  ministers  abroad. 

Affectionate  respects, 
Mr.  DALLAS.  JAMES  MADISON. 


WASHINGTON,  July  13,  1815. 

DEAR  SIR, — That  no  erroneous  impression  might  be  left  on 
Major  O'C.  by  the  conversation  of  Captain  Graham,  the  latter 
has  taken  occasion  to  let  him  understand  that  the  contents  of  his 
letter  to  you  had  been  mentioned  to  me,  and  that  the  letter  itself 
had  been  deposited  in  the  war  office.  It  is  truly  vexatious  to 
have  a  moment  thrown  away  on  such  incidents.  This  importu 
nate  suitor  for  office  appears  to  be  reconciled  to  his  present  dis 
appointment  by  his  hope  of  better  fortune  hereafter.  A  captaincy 
in  the  line  will  probably  be  very  acceptable,  and  I  am  not  desirous 
that  he  should  be  excluded  from  a  fair  chance  of  obtaining  one, 
notwithstanding  the  exceptionable  manner  in  which  he  has  pur 
sued  his  object. 

Written  information  from  Bordeaux  of  June  2d,  and  printed, 
from  Paris  of  May  29,  have  been  received  here  by  the  Spartan. 
Both  concur  in  representing  the  preparations  and  prospects  of 
France  as  flattering  to  Napoleon.  The  accounts  through  those 
channels  from  England  are  not  later  than,  I  observe,  are  brought 
by  a  late  arrival  at  New  York. 

Affectionate  respects, 

Mr.  DALLAS.  JAMES  MADISON. 

WASHINGTON,  July  19,  1815. 

DEAR  SIR, — I  have  duly  received  your  two  favors  of  the 
15th  and  16th.  That  inclosing  the  letter  from  the  collector  of 
Barnstable  had  been  previously  received.  Mr.  Monroe  has  pre 
sented  this  enormity  to  the  attention  of  Mr.  Baker,  and  will,  of 
course,  make  it  the  subject  of  proper  remarks  and  instructions  to 
Mr.  Adams.  He  has  done  and  will  do  the  same  in  relation  to 
the  Indians  Your  suggestion  in  favor  of  a  proclamation  on  the 
latter  subject  will  be  duly  considered.  I  am  not  without  hopes 
that  the  military  and  conciliatory  measures  jointly  on  foot,  with 
the  evacuation  of  Machinac  succeeding  that  of  Prairie  du  Chien, 
will  change  the  conduct,  if  not  the  temper,  of  the  savages 
towards  the  frontier  settlements. 

Not  hearing  a  word  yet  from  our  envoys,  and  perceiving  no 
material  disadvantage  from  my  absence,  I  shall  set  out  to-day 
for  my  farm.  I  leave  with  the  Department  of  State  the  com 
munications  for  Mr.  Crawford.  Be  so  good,  if  you  should  learn 
that  he  will  decline  his  appointment,  to  ascertain  whether  Mr. 
Clay  would  undertake  it,  and  drop  me  a  line  without  delay  on  the 


434  APPENDICES. 

subject.  I  make  this  request  on  the  supposition  that  both  of 
them  will  be  destined  to  Philadelphia.  The  arrangements  with 
the  post-office  here  will  hasten  to  me  whatever  you  may  have 
occasion  to  communicate.  As  your  letter  to  General  Jackson 
did  not  arrive  yesterday,  I  shall  probably  receive  it  on  the  road. 
Be  assured  of  my  great  esteem  and  affectionate  respects, 

JAMES  MADISON. 

P.  S. — Should  you  fail  of  an  opportunity  to  ascertain  the  in 
tentions  of  Mr.  Crawford,  it  is  still  desirable  that  the  disposition 
of  Mr.  Clay  should  be  sounded. 

Mr.  DALLAS. 

MONTPELIER,  July  24,  1815. 

DEAR  SIR, — I  have  received  from  Mr.  Monroe  your  letter  to 
him,  with  the  inclosed,  from  Governor  Nicholas  to  you,  and  an 
intimation  of  his  own  wish  that  the  object  of  the  latter  may,  if 
practicable,  be  complied  with.  I  received  yesterday  a  letter  from 
Mr.  Jefferson,  which  has  a  very  material  bearing  on  the  subject. 
I  inclose  it  for  your  perusal ;  after  which  be  so  good  as  to  return 
it.  It  would  afford  me  much  pleasure  to  gratify  Governor  Nich 
olas  on  a  point  which  he  naturally  has  so  much  at  heart.  But  the 
difficulty  is  not  a  little  increased  by  the  tenor  of  Mr.  Jefferson's 
letter,  and  by  the  fact  that  previous  applications  for  the  consulate 
at  Leghorn  have  been  answered  by  a  reference  to  the  occupancy 
of  it  by  Appleton.  The  appointment  of  A.  to  another  place 
would  remove  the  difficulty  immediately  pressing,  but  no  opening 
occurs  which  he  would  prefer  and  be  entitled  to  ;  and  to  an 
exchange  for  a  place  of  inferior  value  he  would  not,  of  course, 
consent.  Not  knowing  or  recollecting  the  candidates  who  were 
rejected  on  the  ground  of  Appleton's  possession,  I  cannot  appre 
ciate  their  pretensions,  and  the  difficulty  of  yielding  without  pro 
viding  for  them,  to  the  appointment  of  a  later  candidate.  I  give 
you  this  full  view  of  the  subject  that  you  may  have  an  oppor 
tunity  of  suggesting  a  mode,  if  any  should  occur  to  you,  of  avoid 
ing  its  difficulties  as  well  as  of  explaining  them  to  Governor  N. 

Mr.  Monroe  informs  me  that  Mr.  Serrurier  has  received  a  copy 
of  new  credentials  from  Napoleon,  the  originals  being  probably  in 
the  hands  of  Mr.  Crawford.  Mr.  M.  had  heard  nothing  from 
abroad  on  any  other  subject.  He  proposed  to  leave  Washington 
on  Sunday  (yesterday)  to  join  his  family,  of  whose  health  he  had 
unfavorable  accounts. 

We  got  safe  to  our  home  on  Saturday  last,  and  are  enjoying  a 
respite  which  would  be  heightened  if  extended  to  all  who  are 
equally  entitled  to  it. 

Be  assured  of  my  great  esteem  and  my  affectionate  respects, 

JAMES  MADISON. 


LETTERS,  ETC.  435 

If  you  think  it  proper  to  grant  the  petition  of  Taft,  be  so 
good  as  to  send  it  to  the  Department  of  State,  with  a  note  for  a 
pardon  to  be  made  out  and  sent  to  me. 

Mr.  DALLAS. 


DEAR  SIR, — The  business  of  Fort  Washington  is  a  bad  one. 
The  inclosed  papers  will  show  that  there  is  no  plan,  no  responsi 
bility,  no  honesty.  I  do  not  mean  to  inculpate  Major  L'Enfant 
on  the  score  of  honesty,  but  his  strange  course  of  conduct  is  em 
barrassing  in  the  extreme,  and  will  render  it  impossible  to  give 
any  explanation  to  Congress.  If  you  approve  of  my  report  on 
the  subject,  be  so  good  as  to  return  it  with  an  expression  of  your 
approbation. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 

The  President. 
31  July,  1815. 


It  is  very  desirable  to  promote  the  wishes  of  Governor  Tomp- 
kins,  and  the  interest  of  the  State  of  New  York ;  but  there  are 
national  views  of  the  subject  which  must  be  combined  with 
them.  All  transactions  with  the  Indians  relative  to  their  lands 
are  more  or  less  delicate ;  a  removal  of  them  from  one  region  to 
another  is  particularly  so  as  relates  to  the  effect  on  the  Indians 
themselves  and  on  the  white  neighbors  to  their  new  abode. 
Governor  T.  does  not  refer  to  any  particular  part  of  the  west 
ern  country  which  he  has  in  view,  or  which  the  Indians  would 
probably  select,  nor  does  he  say  whether  he  means,  by  lands 
within  the  limits  of  the  United  States,  lands  of  which  the  Indian 
titles  have  been  extinguished,  as  well  as  those  still  in  Indian 
occupancy.  If  the  latter  only  be  meant,  the  arrangement  will 
essentially  lie  between  the  Senecas  and  the  State  of  New  York 
on  the  one  part,  and  the  Indian  occupants  on  the  other.  If 
it  be  contemplated  to  transfer  the  Senecas  to  lands  which  have 
been  purchased  from  other  Indians,  the  national  government 
seems  bound  to  take  into  view  the  effect  of  such  an  arrangement 
(1)  in  shutting  the  lands  against  the  sales  and  settlements  con 
templated  by  the  purchase,  or  involving  the  expense  of  a  repur 
chase  from  the  Senecas  ;  (2)  in  giving  Indian  neighbors  to  white 
settlements,  which  might  not  choose  them.  When  it  was  pro 
posed  to  transfer  the  Indians  on  the  northern  frontier  of  Ohio 
to  a  new  abode  on  the  Illinois,  etc.,  such  a  measure  was  protested 
against  on  the  part  of  the  neighboring  Territories  of  Illinois 
and  Missouri.  It  will  be  proper  to  assure  Governor  T.  of  the 
accommodating  disposition  of  the  executive,  and  to  obtain  from 


486  APPENDICES. 

him  explanations  enabling  it  to  decide  with  the  requisite  atten 
tion  to  the  national  interest  under  its  charge.  He  may  be 
generally  informed,  at  the  same  time,  that  a  removal  of  the 
Indians,  should  it  take  place,  will  not  affect  the  annuities  stipu 
lated  to  them. 

J.  M. 
Mr.  DALLAS. 

July  31,  1815. 

DEAR  SIR, — I  can  gather  no  news  from  the  officers  of  the  Nep 
tune  worth  communicating.  Mr.  Crawford  has  told  you  all  that 
is  important  of  our  own  affairs,  and  of  the  affairs  of  Europe 
when  he  left  it.  The  newspapers  will  tell  you,  as  soon  as  this  letter 
can  reach  you,  of  the  dreadful  battle  of  the  15th,  16th,  ITth,  and 
18th  of  June.  The  carnage  must  have  exceeded  anything  in  the 
history  of  battles.  The  Duke  of  Wellington's  account  claims, 
but  certainly  does  not  prove,  a  victory  on  the  part  of  the  allies. 
A  few  such  victories  would  leave  the  British  without  generals, 
and  probably  without  troops. 

The  cases  of  General  Wilkinson,  General  Gushing,  and  Gen 
eral  Boyd  are  urged  upon  me.  The  vacancies  at  Castine,  etc. 
are  too  humble  for  these  gentlemen  ;  and  I  am  requested  to  ask 
your  authority  to  create  vacancies  of  a  higher  kind  in  the  col- 
lectorships  of  New  York,  New  London,  Newport,  etc.  There  is 
no  delicacy  used  on  the  occasion,  and  I  am  at  a  loss  how  to  treat 
the  daily  importunity  of  some  of  the  officers.  Mr.  Crawford's 
arrival  will  relieve  me  in  part ;  but  I  wish  entirely  to  relieve 
you,  if  I  could  ascertain  your  wish  as  to  the  mode. 

Mr.  Todd  was  in  perfect  health,  with  Mr.  Gallatin  in  London, 
when  the  Neptune  sailed. 

I  am,  dear  sir,  most  faithfully  and  respectfully  yours, 

A.  J.  DALLAS. 

The  President. 
3  August,  1815. 


DEAR  SIR, — The  inclosed  paper  gives,  it  is  alleged,  the  sequel 
of  the  battle  of  the  18th  of  June,  between  Bonaparte  and  the 
allies.  The  report,  in  the  extent  stated,  is  doubted  here  ;  but  I 
think  it  probable  that  Bonaparte's  repulse  will  produce  something 
like  a  test  of  his  popularity  at  Paris. 

I  have  written  to  Mr.  Crawford,  but  no  answer  has  been  re 
ceived.  It  may  be  that  he  is  on  his  way  to  visit  you. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 

The  President. 
6  August,  1815. 


LET  TEES,  ETC.  437 

The  Secretary  of  the  Treasury  has  the  honor  to  represent  to 
the  President  of  the  United  States, — 

That  he  has  received  from  the  mayor  of  the  city  of  New  York 
a  letter  dated  the  3d  instant,  to  which  the  answer  dated  the  7th 
instant  has  been  given,  relative  to  the  American  seamen  who 
have  arrived  in  cartels  from  England,  arid  are  exposed  to  great 
want,  being  destitute  of  pecuniary  funds  :  and  that  similar  com 
munications  have  been  made  from  other  ports  of  the  United 
States. 

That  for  the  cases  thus  represented  there  is  no  provision  made 
by  law ;  but,  as  the  corporation  of  the  city  of  New  York  offers 
to  afford  the  necessary  relief  upon  receiving  assurances  of  a  re 
imbursement,  the  President's  sanction  is  respectfully  requested 
for  giving  an  assurance  that  the  reimbursement  will  be  recom 
mended  to  Congress  at  the  next  session. 

A.  J.  DALLAS. 

7  August,  1815. 

TREASURY  DEPARTMENT,  7  August,  1815. 

SIR, — I  have  received  your  letter  of  the  3d  instant,  and  ex 
ceedingly  regret  that  it  is  not  in  my  power  to  comply  imme 
diately  with  your  wish  for  the  relief  of  our  suffering  seamen 
who  have  recently  arrived  in  cartels  at  New  York.  I  have  sent 
your  letter  to  the  Secretary  of  the  Navy,  and  I  will  lay  the  sub 
ject  before  the  President ;  but  you  are  perfectly  aware  that  this 
department  has  no  authority  to  make  advances  beyond  the  appro 
priations  of  the  law.  As  soon  as  I  have  received  the  President's 
instructions  I  will  do  myself  the  honor  to  address  you  again 
upon  the  subject.  In  the  mean  time,  I  am  confident  that  the  hu 
manity  and  public  spirit  of  the  corporation  of  New  York  will 
not  relax  in  the  attention  which  has  been  bestowed  on  the  dis 
tressed  mariners. 

I  am,  etc.,  A.  J.  DALLAS. 

The  Mayor  of  the  City  of  New  York. 


NEW  YORK,  August  3,  1815. 

SIR, — I  consider  it  my  duty  to  mention  to  you  the  case  of 
American  seamen  and  others,  late  prisoners  with  the  British, 
who  have  arrived  at  this  port,  and  are  daily  arriving,  principally 
from  Dartmoor,  in  England,  in  considerable  numbers.  They  are 
landed  from  cartels,  destitute  of  money,  and  without  the  means 
of  subsistence  or  any  provision  for  conveying  them  to  their 
homes  or  places  of  residence  in  the  different  States  to  which  they 
belong ;  and  are  thus  cast  upon  the  charity  of  the  public,  and 


438  APPENDICES. 

compelled  literally  to  beg  in  the  streets.  Their  situation  is  truly 
distressing,  and  has  become  the  subject  of  remark  very  un 
friendly  to  the  government,  and  our  citizens  are  mortified  to  find 
that  no  one  here  is  authorized  or  willing,  on  the  part  of  the  gov 
ernment,  to  afford  the  necessary  assistance  to  men  who  have 
already  suffered  so  much  in  the  cause  of  their  country. 

The  collector  of  this  port,  Mr.  Gelston,  has  been  strongly 
solicited  to  make  the  necessary  advances  for  their  relief;  but  he 
has  declined  doing  it,  considering  himself  unauthorized,  and 
apprehending  that  the  expenditure  might  not  be  allowed  to  him 
in  his  accounts. 

The  corporation  of  this  city  have  contributed  some  moneys  for 
this  purpose,  in  confidence  that  they  will  be  reimbursed  by  the 
government  of  the  United  States ;  but,  finding  the  demands 
upon  them  to  increase,  and  fearing  that  some  difficulties  may 
arise  on  this  head,  and  considering  it  to  be  out  of  their  province, 
they  have  also  declined  to  make  any  further  advances. 

We  have  now  a  considerable  number  of  men  who  were  such 
prisoners  in  town,  and  who  depend  for  their  immediate  bread 
and  the  means  of  getting  to  their  families  on  the  charity  of  indi 
vidual  citizens. 

Under  such  circumstances,  I  trust  you  will  excuse  the  liberty 
I  take  in  mentioning  this  subject,  and  requesting  that  you  will, 
if  you  consider  it  proper,  direct  the  collector  of  this  port  to  pro 
vide  for  all  such  late  prisoners;  or,  since  the  corporation  have 
already  expended  some  moneys  for  this  object,  that  you  will  au 
thorize  the  expenditure,  and  enable  me  to  say  that  they  will  be 
reimbursed  by  the  government,  in  which  case,  J  have  no  doubt, 
they  would  continue  to  make  the  necessary  advances,  though 
they  would  prefer  it  should  be  done  by  the  collector. 

Your  immediate  attention  to  this  subject  is  very  much  desired, 
and  I  trust  will  be  satisfactory  to  the  parties  concerned. 

I  have,  etc.,  JACOB  RADCLIFF. 

The  Hon.  ALEX.  J.  DALLAS. 


MONTPELIEK,  Aug.   10,  1815. 

DEAR  SIR, — I  have  received  your  several  favors  of  the  29th 
and  31st  of  July,  and  of  the  1st,  3d,  and  6th  instant.  I  have  de 
layed  acknowledging  them  in  the  daily  expectation  of  receiving 
something  from  London  which  would  supply  the  defect  of  in 
formation  at  Philadelphia,  relative  to  our  affairs  arid  function 
aries  there.  A  letter  from  Mr.  Crawford  received  this  morning, 
contains  the  agreeable  information  that  he  will  become  a  member 
of  the  executive  family,  but  he  is  entirely  silent  as  to  everything 
else.  I  suspect  that  he  left  London  before  anything  like  negotia- 


LETTERS,  ETC.  439 

tion  commenced,  and  that  he  had  received  nothing  from  Mr.  G. 
or  Mr.  C.  on  the  subject.  The  only  glimpse  of  it  which  has 
yet  reached  me  is  in  a  letter  from  J.  P.  Todd,  dated  June  10,  in 
which  he  says  that  in  consequence  of  some  official  interviews,  a 
member  of  the  Board  of  Trade  had  been  added  to  the  Ghent  com 
missioners  of  Great  Britain,  and  that  a  negotiation  was  taking 
place  in  form.  He  adds  that  the  fact  was  not  given  out  to  the 
public,  which  may  account  for  the  silence  of  the  London  prints. 

I  have  received  a  letter  from  Governor  Nicholas  on  the  subject 
of  his  son,  and  have  explained  the  difficulties  arising — first,  from 
the  possession  of  the  consulate  at  Naples  by  Mr.  A.;  and  secondly, 
from  the  rejection  on  that  ground  of  two  other  military  candi 
dates.  One  of  these  I  learn  was  Colonel  Fen  wick,  the  other,  Colo 
nel  Drayton,  of  South  Carolina. 

I  have  sent  to  Mr.  Monroe  the  communication  from  Bremen. 
It  is  another  proof  of  the  incaution  of  the  act  of  Congress  in  its 
existing  form.  To  such  states  as  Bremen,  etc.,  which  has  no 
thing  to  give  in  return,  it  not  only  gives  valuable  privileges  in 
navigation,  but  with  the  moral  certainty,  that  Without  guards, 
which  a  treaty  only  could  provide,  the  privileges  will  be  fraudu 
lently  assumed  by  our  more  formidable  competitors. 

The  case  of  the  Barratarians  is  a  puzzling  one,  especially  in 
the  absence  of  our  naval  force  on  foreign  service.  Be  so  good 
as  to  send  me  any  further  information  you  may  receive  from 
New  Orleans.  Some  concert  will  be  necessary  between  the 
Navy  and  AVar  Departments.  In  the  mean  time  the  expediency 
of  proclaiming  a  reward  for  apprehending  the  pirates  may  be 
considered. 

I  have  not  noticed  your  publication  intended  for  the  first  of 
August,  but  take  for  granted  it  has  been  in  the  northern  papers. 

I  foresaw  that  Mr.  Gales's  notice  of  the  reappointment  of  Mr. 
Serrurier  would  be  caught  at  and  misinterpreted.  The  truth  is 
that  there  has  been  no  intention  to  acknowledge  the  govern 
ment  of  Napoleon  during  the  uncertainty  of  the  issue  of  the  con 
test.  In  a  consultation  with  the  Secretary  of  State  this  was 
our  joint  view  of  the  course  most  becoming. the  principle  on  which 
the  United  States  have  acted,  and  threatening  least  embarrass 
ment  in  the  result. 

The  business  of  Fort  Washington  is  truly  a  bad  one.  As  Mr. 
Monroe  had  been  so  much  connected  with  the  introduction  of 
L'Enfant  into  it,  and  was  considered  by  L'E.  as  friendly  to 
him,  I  communicated  your  report  and  the  other  papers  to  Mr.  M. 
He  entirely  concurs  in  the  propriety  of  putting  an  end  to  the 
agony  of  L'E.,  but  he  wishes  the  mode  to  be  softened  as  much 
as  may  be.  This  may  easily  be  done  by  resting  the  discontinu 
ance  of  the  extra  employment  on  the  change  of  circumstances 
and  the  liberation  of  the  regular  engineers  from  other  services. 


440  APPENDICES. 

If  you  think  proper,  the  term  "discharge"  may  be  exchanged  in 
the  report  for  a  phrase  conformable  to  that  idea.  The  report 
may  retain  its  date. 

I  return  the  draft  of  a  letter  to  General  Jackson.  I  do  not 
see  that  one  could  be  framed  more  advantageously  combining  the 
several  objects  to  be  attained.  I  have  suggested  merely  with  the 
pencil  one  or  two  slight  variations,  which  you  will  not  adopt  if 
they  appear  doubtful.  You  will  of  course  give  to  the  letter  as 
early  a  date  as  circumstances  will  permit. 

As  this  will  be  among  the  last  aids  which  I  shall  receive  from 
you  in  the  provisional  station  you  were  so  obliging  as  to  accept, 
I  take  the  occasion  of  adding  to  my  particular  thanks  for  it  a 
general  acknowledgment  of  my  obligations,  and  still  more  my 
sense  of  those  of  the  nation,  for  the  very  arduous  and  very  able 
services  which  you  so  cheerfully  added  to  the  important  and 
laborious  duties  of  another  department. 

The  cases  of  the  three  generals  you  name  are  embarrassing, 
but  the  mode  of  relief  merits  serious  consideration  also.  The 
principle  of  it  is  entirely  new,  and  the  extent  of  it  not  easily 
limited.  Boyd,  I  believe,  is  not  needy,  and  his  case  therefore  the 
tess  pressing.  After  the  language  with  which  General  W.  met 
the  offer  to  treat  with  the  Indians,  it  ought  to  be  well  ascertained 
before  another  be  made  that  the  motives  to  it  will  not  be  misin 
terpreted.  Cushing's  situation  is  probably  urgent,  and  his  con 
duct  strengthens  his  claims.  But  is  not  the  foundation  of  them 
the  same  with  those  on  which  the  actual  collector  of  New  London 
received  and  has  retained  his  appointment?  Huntington  was  a 
revolutionary  officer,  with  whatever  particular  merit  I  do  not 
recollect,  but  probably  with  services  and  sufferings  equal  to 
those  of  General  Cushing.  It  is  true,  his  political  conduct  has 
been  justly  exceptionable,  but  it  is  not  on  that  ground  that  his 
removal  is  required.  Ellery,  of  Rhode  Island,  though  not  a 
revolutionary  soldier,  was  a  revolutionary  patriot  in  high  public 
trusts,  and  on  that  ground  also  has  been  retained  in  his  present 
office,  notwithstanding  frequent  charges  of  political  misconduct. 
Of  Gelston's  history  I  am  less  possessed.  I  am  disposed  to  take 
into  fair  consideration  the  mode  proposed  for  rewarding  or  alle 
viating  the  cases  to  which  it  would  apply  ;  but  I  should  be  glad 
to  learn,  before  it  be  adopted,  some  practicable  rule  for  desig 
nating  the  officers  to  be  displaced,  and  for  selecting  those  to  be 
provided  for.  If  the  deciding  consideration  be  the  wealth  of  the 
former  and  the  poverty  of  the  latter,  the  rule  would  probaby 
not  be  very  correspondent  with  any  preconceived  ideas  of  the 
public.  These  remarks  do  not  exclude  the  resource  in  favor  of 
meritorious  and  indigent  officers,  which  may  be  found  in  special 
removals  pointed  out  by  legitimate  causes  for  them. 

I  had  received  by  a  line  from  Mr.  Cutts  in  Boston  a  sketch 


LET  TEES,  ETC.  441 

of  the  news  in  yours  of  the  6th  instant,  but  had  noticed  the 
report  from  the  Bramble  met  at  sea  on  the  24th  July,  twenty 
days  from  England,  and  paid  but  little  attention  to  so  improbable 
a  story.  The  numerous  circumstances  not  seen  necessarily  vary 
the  aspect  of  the  intelligence.  Still,  unless  there  be  an  error 
in  one  or  other  of  those  dates,  the  improbability  of  it  is  strength 
ened  into  nearly  a  certainty  that  it  is  not  true.  We  cannot  be 
long  in  suspense. 

Affectionate  respects, 
Mr.  DALLAS.  JAMES  MADISON. 

The  inclosed  letter  from  Thomas  is  another  mark  of  the  deli 
cacy  of  the  Board,  or  of  one  at  least  of  it.  Please  to  return  the 
letter. 


DEAR  SIR, — I  have  received  yours  of  the  tth  instant  on  the 
subject  of  the  seamen  returning  in  distress.  It  is  incumbent  on 
the  executive  to  do  everything  within  its  province  for  their  relief. 
Your  answer  to  the  mayor  of  New  York  was  entirely  proper. 
He  may  be  assured  of  the  favorable  dispositions  of  the  execu 
tive,  and  that  a  reimbursement  of  the  advances  of  the  corporation 
will  be  recommended  to  Congress.  The  same  assurance  may  be 
given  in  other  cases  calling  for  it.  In  the  mean  time  it  will  be 
proper  to  consider  whether  a  provision  for  seamen  under  such 
circumstances  might  not  be  covered  by  some  of  the  existing  ap 
propriations.  Be  so  good  as  to  look  into  them  with  an  eye  to 
this  question.  If  that  for  foreign  intercourse,  or  for  prisoners 
of  war,  be  found  inadequate  or  inapplicable,  the  contingent  fund 
of  government,  at  least  as  far  as  it  will  go,  can  be  legally  resorted 
to  on  such  an  occasion. 

Affectionate  respects, 

Mr.  DALLAS.  JAMES  MADISON. 

Aug.  13,  1815. 


TREASURY  DEPARTMENT,  22  August,  1815. 

GENTLEMEN, — I  have  received  your  letter  of  the  19th  instant, 
claiming  for  the  vessels  lately  arrived  from  Bremen  the  benefit 
of  entry,  on  payment  of  the  same  duties  which  the  law  imposes 
on  American  vessels. 

The  act  of  Congress  of  the  3d  of  March,  1815,  on  which  this 
claim  is  founded,  depends  for  its  execution  upon  the  sanction  and 
authority  of  the  President  of  the  United  States,  and  not  upon 
the  mere  regulations  of  a  foreign  nation.  There  are  many  con 
siderations  to  be  weighed  in  forming  a  decision  upon  the  subject: 

29 


442  APPENDICES. 

and  probably  the  President  may  deem  it  necessary  to  reduce  the 
arrangements  to  the  form  of  a  compact.  For  the  present,  there 
fore,  the  collector  of  the  port  of  Baltimore  acts  with  propriety  in 
demanding  the  payment  of  foreign  duties  from  the  Bremen  vessels. 

I  am,  etc., 

A.  J.  DALLAS. 
Messrs.  BRUNE  &  DANNEMAN,  Baltimore. 


MONTPELIEB,  Sept.  2,  1815. 

DEAR  SIR, — I  received  this  morning  yours  of  the  29th  August, 
covering  a  copy  of  the  circular  complying  with  Mr.  DaschkofF s 
request,  which  is  precisely  what  it  ought  to  be,  and  a  newspaper 
containing  the  late  news  from  Europe.  The  political  annihila 
tion  at  least  of  Napoleon  will  give  play  to  many  springs  in  the 
allied  powers,  which  a  fear  of  him  had  kept  in  an  inert  state  ; 
and  very  important  scenes  are  probably  yet  to  be  exhibited.  I 
am  very  glad  to  find  that  the  intoxicating  triumph  of  Great 
Britain  has  not  seduced  her  from  the  conciliatory  policy  com 
menced  towards  us  whilst  the  great  events  on  the  continent  were 
undecided.  The  glimpse  we  have  of  the  treaty  of  commerce, 
which  appears  to  have  been  concluded,  is  too  faint  for  any  esti 
mate  of  its  character.  But  we  cannot  doubt  that  it  will  contain 
nothing  positively  bad,  and  some  things  substantially  good  ;  and 
a  conclusion  of  it  at  such  a  moment  is  itself  an  evidence  that  the 
British  government  finds  in  its  own  situation,  and  that  of  Europe, 
sufficient  motives  to  cultivate  and  secure  the  friendly  intercourse 
which  we  have  never  ceased  to  desire. 

Having  neglected  to  possess  myself  of  the  act  of  Congress 
relating  to  the  conditional  abolition  of  discriminating  duties,  I 
am  at  a  loss  how  far  the  execution  of  it  is  imperative  or  discre 
tionary.  If  the  latter,  the  case  presented  by  the  Bremen  vessels 
is  without  difficulty  ;  as  will  be  similar  claims  from  other  coun 
tries.  If  the  former,  no  wrong  has  been  yet  done,  because  the 
Bremen  vessels  bringing  with  them  the  first  evidence  of  their 
claim,  must  of  necessity  have  entered  before  a  proclamation 
could  issue,  and  this  must  have  been  foreseen  by  those  who  had 
the  law  before  them.  Future  arrivals  from  Bremen  may  be  more 
embarrassing.  But  it  will  be  better  to  apply  a  retrospective 
remedy  than  to  be  precipitate  in  laying  down  a  general  rule. 
Mr.  Daschkoff  has  not  renewed  his  application.  If  the  treaty 
with  Great  Britain  has  equalized  the  navigation  between  the 
two  countries,  one  objection  to  the  execution  of  the  law,  in  favor 
of  the  carrying  states,  the  danger  of  frauds,  will  be  removed. 
But  it  is  clear  that  the  United  States  will  be  the  losers  by  a  vol 
untary  extension  of  the  equality  to  such  powers  as  are  most 


LETTERS,  ETC.  443 

ready  to  seek  it.  Where  these  have  colonies  whose  ports  are 
shut  to  our  vessels,  there  can  be  neither  legal  nor  equitable  title 
to  the  benefit  of  the  act  of  Congress. 

The  case  of  the  cartels  bringing  seamen  from  England  is  cer 
tainly  entitled  to  all  the  liberality,  with  respect  to  entrance  and 
tonnage,  within  the  authority  of  the  executive,  or  that  can  be 
warranted  by  the  peculiarity  of  the  case. 

The  case  presented  by  the  Commissioner  of  the  Revenue  re 
quires  more  examination  than  I  can  now  apply  to  it.  With 
respect  to  duties  on  goods  imported  through  Mackinaw,  it  seems 
best  not  to  press  them  on  individuals,  but  to  leave  them  for  a 
diplomatic  subject  to  be  pressed  or  not  according  to  circum 
stances.  In  every  other  respect  the  revenue  laws,  as  far  as 
applicable  to  goods  imported  from  Canada  or  other  foreign  terri 
tories,  and  as  far  as  practicable  in  the  remote  districts,  ought 
not  to  be  relaxed.  I  suspend  a  more  particular  opinion  till  I 
have  the  pleasure  of  learning  the  result  of  your  inquiry  into  the 
law  on  the  subject. 

Jf  fit  persons  cannot  be  at  present  found  for  the  collectorships 
of  Penobscot,  we  must  wait  till  the  meeting  of  Congress,  which 
always  promises  information  on  such  points.  I  am  surprised  at 
the  change  of  tone  in  General  Gushing.  Whatever  rights  he 
may  have  or  suppose,  they  are  certainly  not  on  the  executive  ; 
nor  against  persons  possessed  of  offices,  and  not  charged  by  him 
with  misfeasance  in  them. 

I  hope  by  the  silence  of  your  last  letter  on  the  subject  of  your 
health  that  it  has  been  perfectly  restored.  I  hope  also  that  you 
will  be  careful  not  to  endanger  it  by  too  much  mental,  and  too 
little  bodily,  exercise. 

Mr.  Monroe  has  not  returned  from  the  Springs.  He  is  ex 
pected  soon,  and  with  re-established  health.  The  arrival  of  Mr. 
Barclay  will  call  for  prompt  instructions  to  the  commissioner 
who  is  to  meet  him.  It  is  probable,  however,  that  nothing  will 
be  done  this  year  in  their  business  beyond  the  discussions  of  the 
title  to  Moose  Island  and  the  line  through  Passamaquoddy  Bay. 
Accept  my  affectionate  respects, 

Mr.  DALLAS.  JAMES  MADISON. 


MONTPELIER,  Sept.  8,  1815. 

DEAR  SIR, — The  commercial  convention  with  Great  Britain 
has  just  reached  me.  It  abolishes  the  discriminating  and  coun 
tervailing  duties,  and  establishes  the  rule  of  the  most  favored 
nation,  between  the  United  States  and  the  British  dominions  in 
Europe.  The  equality  of  the  vessels  of  the  two  countries  extends 
to  the  cases  of  bounties  and  drawbacks,  as  well  as  of  duties,  with 
a  reservation  to  the  parties  of  a  right  to  regulate  and  diminish 


444  APPENDICES. 

the  amount  of  the  drawbacks,  where  the  re-exportation  is  to  a 
third  country.  A  trade  to  enumerated  ports  in  the  East  Indies 
is  opened  to  the  United  States.  It  is  to  be  direct  from  thence, 
but  is  not  so  restricted  from  the  United  States  thither.  The 
convention  is  to  become  binding-  on  the  exchange  of  ratifica 
tions,  for  which  six  months  are  allowed,  and  is  to  continue  in 
force  four  years  from  the  date  of  signature,  which  was  the  3d  of 
July. 

The  question  to  be  immediately  decided,  is  whether  an  anti 
cipated  meeting  of  the  Senate,  or  rather  the  Legislature,  is  called 
for.  As  the  difference  between  such  a  meeting  and  the  first 
Monday  in  December  \vTill  be  necessarily  very  inconsiderable,  as 
there  will  probably  be  very  few  arrivals  or  departures  during 
that  short  period,  and  at  that  season,  of  vessels  which  would  be 
affected  by  the  changes  made,  it  may  happen  that  the  United 
States  would  be  gainers,  at  the  treasury  at  least,  rather  than 
losers,  by  awaiting  the  regular  meeting  of  Congress  ;  and  as  the 
other  party  cannot  reasonably  expect  that  the  expense  and  incon 
venience  of  a  previous  meeting  should  be  incurred  for  the  sake 
of  its  interest,  a  course  which  it  may  fairly  be  presumed  would 
not  be  pursued  by  itself,  I  am  not  impressed  with  an  obligation 
to  convene  Congress  with  the  sole  vie\v  of  carrying  the  treaty 
into  effect,  for  which  the  time  allowed  (six  months)  will  enable 
the  Legislature  to  provide  at  its  regular  meeting. 

Whilst  I  take  this  view  of  the  subject,  I  am  so  sensible  that  a 
decision  on  it  ought  to  be  governed  by  facts  and  calculations, 
which  in  your  situation  you  can  judge  of  better  than  myself,  that 
I  cannot  do  better  than  refer  the  case  to  your  inquiry  and  reflec 
tion  ;  and  under  the  existing  circumstances  to  provide  for  giving 
effect  to  the  result  of  them,  without  waiting  for  the  opinions  of 
the  other  secretaries,  and  even  without  incurring  the  delay  of  a 
previous  sanction  from  myself.  I  shall  accordingly  desire  Mr. 
Rush,  who  remains  at  Washington,  to  pay  immediate  attention 
to  the  opinion  you  may  communicate  to  him,  and  in  case  it 
should  be  in  favor  of  a  call  of  Congress,  to  have  a  proclamation 
immediately  issued  in  the  usual  form  If  a  call  be  made,  the 
precedent  wrhich  allows  the  shortest  time  may  be  adopted.  AVhat 
that  is  I  do  not  recollect.  If  it  be  two  months  from  the  date  of 
the  proclamation,  it  will  so  far  lessen  the  importance  of  the 
measure. 

You  have  noticed  a  reference  in  the  British  House  of  Com 
mons  to  a  depending  bill  regulating  the  trade  with  the  United 
States.  If  it  should  have  passed,  in  a  form  abolishing  the  coun 
tervailing  duties  absolutely,  or  to  take  effect  on  the  condition 
which  the  executive  is  authorized  to  comply  with,  a  proclamation 
abolishing  the  discriminating  duties  will  substantially  meet  the 
occasion  without  an  extra  session  of  Congress.  You  can  prob- 


LETTERS,  ETC.  445 

ably  ascertain  the  fact  as  to  the  bill.     Mr.  Gallatin  or  Mr.  Clay 
ought  to  know  something  of  it. 

Affectionate  respects, 
Mr.  DALLAS.  JAMES  MADISON. 


MONTPELIER,  Sept.  15,  1815. 

DEAR  SIR, — Yours  of  the  llth  has  just  come  to  hand.  I 
return  the  papers  from  the  Commissioner  of  the  General  Land 
Office,  with  an  acquiescence  in  the  survey  ordered  in  Missouri. 
I  think  the  condition  attached  to  it  the  least  that  will  suffice  to 
justify  the  measure. 

I  have  received  a  letter  from  Mr.  Gallatin,  from  which,  as  well 
as  from  his  reserve  to  you,  I  infer  that  he  has  not  made  up  his 
mind  on  his  appointment  to  France.  Whatever  his  alternatives 
may  be,  I  am  persuaded  the  one  you  mention  is  not  within  the 
scope  of  them.  He  intimated  his  intention  to  write  to  the  Sec 
retary  of  State,  and  may  be  expected  in  that  letter  to  say  more 
than  he  has  done  to  me  on  some  points,  though  probably  not  oil 
the  question  of  his  diplomatic  mission.  I  do  not  perceive  that 
he  looked  to  a  special  meeting  of  Congress.  Indeed,  the  more  I 
weigh  the  subject,  the  more  I  incline  to  the  persuasion  that  a 
special  call  would  be  giving  a  magnified  importance  to  the  treaty. 
In  my  answer  to  Mr.  G.  I  have  asked  him  what  are  the  probable 
intentions  of  the  British  cabinet  with  respect  to  the  coasting 
fisheries,  and  whether  the  mouth  of  Columbia  River  was  under 
stood  at  Ghent  to  be  within  the  objects  of  restoration. 

I  was  informed,  through  confidential  channels  several  days 
ago,  that  Jos.  Bonaparte  was  about  to  visit  me  incog,  to  make  a 
personal  report  of  himself  to  this  government.  I  immediately 
wrote  to  Mr.  Rush  to  have  him  diverted  from  his  purpose  on  his 
arrival  at  Washington.  Protection  and  hospitality  do  not  de 
pend  on  such  a  formality;  and  whatever  sympathy  may  be  due 
to  fallen  fortunes,  there  is  no  claim  of  merit  in  that  family  on  the 
American  nation  ;  nor  any  reason  why  its  government  should  be 
embarrassed  in  any  way  on  their  account.  In  fulfilling  what  we 
owe  to  our  own  rights,  we  shall  do  all  that  any  of  them  ought 
to  expect.  I  was  the  more  surprised  at  the  intended  visit  as  it 
was  calculated  to  make  me  a  party  to  the  concealment,  which  the 
exile  was  said  to  study  as  necessary  to  prevent  a  more  vigilant 
pursuit  by  British  cruisers  of  his  friends  and  property  following 
him.  Commodore  Lewis  consulted  his  benevolence  more  than 
his  discretion  in  the  course  he  took,  without,  as  I  presume,  any 
sanction  from  any  superior  quarters. 

You  will  have  noticed  that  an  order  has  been  published  on  the 
point  on  which  I  asked  your  opinion.  From  the  concurrent 
opinions  of  others,  it  is  probable  that  the  order  may  not  contra- 


446  APPENDICES. 

diet  yours  ;  but  the  issue  of  it  prior  to  my  hearing  from  you  pro 
ceeded  from  my  having  asked,  at  the  same  time,  the  opinion  of 
the  attorney-general,  which,  being  communicated  to  the  War 
Department,  was  acted  on.  It  seems  that  the  case  had  become 
urgent. 

Ripley  and  Brown  are  taking  very  painful  attitudes  towards 
each  other ;  and  I  regret  that  your  conciliatory  efforts  are  likely 
to  be  perverted  into  fuel  for  their  angry  passions.  Ripley  presses 
for  leave  to  come  to  Washington  about  the  middle  of  October,  with 
a  view  to  settle  his  accounts.  It  is  easy  to  see  the  effect  of 
either  a  refusal  or  compliance. 

If  peace  takes  place  in  Europe,  it  seems  probable  that  the  Bank 
of  England  will  soon  resume  specie  payments,  unless  the  balance 
of  trade  should  be  against  her,  which  is  not  probable.  That 
example  will  favor  a  return  here  to  the  original  principle.  But 
many  circumstances  will  require  the  change  to  be  gradual  and 
guarded.  I  was  always  pleased  with  the  feature  in  the  bank 
proposed  at  the  last  session  of  Congress,  which  required  a  cer 
tain  portion  of  specie  to  be  in  the  bank,  although  not  demandable 
by  the  holders  of  notes.  If  the  same  idea  could  be  applied  to  the 
banks  generally,  it  would  not  only  smooth  the  way  to  a  final 
reform,  but  have  good  effects  in  the  mean  time.  Might  it  not  be 
reduced  to  practice  by  requiring  the  banks,  within  a  reasonable 
period,  to  draw  specie  into  their  vaults,  and  verified  to  a  compe 
tent  authority  to  be  kept  there  ?  It  might  also  be  required  that, 
until  specie  payments  should  commence,  the  notes  issued  should 
not  exceed  a  fixed  proportion  to  specie,  such  as  might  be  an  aver 
age  of  the  usual  proportion  in  former  times.  Such  a  regulation 
would  have  the  advantage  of  inspiring  confidence  in  the  banks, 
of  preparing  them  for  a  return  to  specie  payments,  and  in  the 
mean  time  would  be  an  adequate  barrier  against  excessive  issues 
of  paper.  To  make  the  regulation,  if  it  be  founded  in  solid 
considerations,  complete,  the  interposition  of  the  State  authori 
ties  would  be  essential.  The  prerogative  of  the  general  govern 
ment  as  to  the  medium  in  paying  taxes,  might  go  far  in  effectu 
ating  it  by  attaching  conditions  to  the  receivable  paper.  But 
there  may  be  greater  difficulties  on  the  subject  than  strike  the 
first  view  of  it. 

I  have  a  letter  from  Mr.  Monroe  of  the  llth.  He  had  vis 
ited  several  of  the  more  celebrated  waters,  and  thought  himself 
benefited  by  them.  He  named  this  day  for  his  arrival  at  home. 

Affectionate  respects, 

JAMES  MADISON. 

Mr.  DALLAS. 


LETTERS,  ETC.  447 

DEAR  SIR,— On  my  return  from  New  York,  I  received  your 
favor  of  the  2d  instant,  and  the  copy  of  Mr.  Crawford's  letter 
on  the  question  of  brevet  rank. 

I  can  add  nothing,  by  way  of  information  on  public  points,  to 
the  last  communication  of  the  talk  of  our  commissioners.  Mr. 
Gallatin  has  probably  written  to  you  at  large  on  all  that  relates 
to  the  mission.  As  to  his  future  pursuits,  he  has  left  me  com 
pletely  in  the  dark.  Sometimes  I  think  he  looks  towards  France, 
then  towards  Congress,  then  towards  the  treasury,  and  ulti 
mately  towards  his  western  farm.  Though  silent  to  me,  I  pre 
sume  he  will  speak  distinctly  to  you.  Mr.  Clay  leaves  Philadel 
phia  to-morrow  or  the  next  day,  taking  Washington  in  his  way 
to  Kentucky.  He  seems  to  be  satisfied  with,  the  prospect  of 
returning  to  the  chair  in  the  House  of  Representatives. 

Commodore  Lewis  has  just  escorted  Joseph  Bonaparte  from 
New  York  to  Philadelphia.  The  ex-king  travels  as  Count  Sur- 
villiers,  and  is  lodged  with  Mr.  Clay  at  the  Mansion  House. 

I  will  send  an  answer  to  the  question  on  brevet  rank  by  the 
next  mail. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 

The  President. 
11  Sept.,  1815. 


DEAR  SIR, — The  inclosed  letters  from  Mr.  Adams  show  the 
impracticability  of  selling  the  stock  in  Europe  within  the  limits 
which  were  prescribed.  It  is  indispensable,  however,  to  provide 
for  the  reimbursement  of  the  heavy  advances  of  Messrs.  Baring 
in  London,  and  for  the  advances  of  Messrs.  Willinks  in  Amster 
dam.  It  is  time  also  to  make  arrangements  for  paying  the  divi 
dends  on  the  Louisiana  stock  in  January  next.  These  objects 
can  only  be  accomplished  by  the  sale  of  stock  in  Europe  or  by 
the  purchase  of  bills  of  exchange  here.  The  stock  will  bring 
no  more  than  90  ;  but  exchange  is  now  twenty  per  cent,  ad 
vance,  and  will,  I  think,  rise  higher.  Six  per  cents  are  between 
three  and  four  per  cent,  above  par  in  Philadelphia ;  they  are 
above  96,  and  rising  fast,  in  New  York ;  and  even  Boston 
affords  a  prospect  of  an  advantageous  movement  in  the  value 
of  the  public  debt.  Viewing,  then,  the  whole  ground,  I  am  very 
much  indisposed  to  authorize  a  sale  of  stock  in  Europe  at  a  rate 
so  much  below  the  price  here,  as  Mr.  Baring  offers,  which  may 
not  only  injure  the  credit  of  the  government  abroad,  but  mate 
rially  affect  it  at  home.  If,  therefore,  you  approve  of  it,  I  will 
enter  upon  the  purchase  of  bills  on  the  best  terms  we  can  obtain 
for  the  whole  sum  wanted  by  the  treasury,  amounting  to  about 
$500,000.  Indeed,  I  think  it  an  object  of  some  importance  to 


448  APPENDICES. 

pay  away  the  bank-notes  which  we  now  hold  for  any  effective 
means  of  satisfying  our  debts. 

Be  so  good  as  to  return  Mr.  Adams's  letters  with  your  instruc 
tions. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 
The  President. 
18  Sept.,  1815. 


MONTPELIER,  September  22,  1815. 

DEAR  SIR, — Yours  of  the  18th  has  just  reached  me,  inclosing 
two  letters  from  Mr.  Adams,  which  are  returned. 

Our  engagements  in  Europe  must  be  fulfilled  both  with  a  view 
to  justice  and  to  the  public  credit.  In  doing  this  there  are  so 
many  reasons  for  preferring  the  purchase  of  bills  to  the  sale  of 
stock  abroad,  where  there  is  an  approach  to  equality  of  loss,  that 
I  concur  in  your  opinion  in  favor  of  the  former.  It  is  a  consid 
eration  of  much  weight  in  that  scale  that  our  calculations  can  be 
made  with  more  certainty  if  the  remittance  be  made  in  bills  than 
in  a  paper  which  will  be  constantly  fluctuating  in  the  market. 
It  is  not  improbable  that  the  balance  of  trade  now  running  so 
high  against  us  will  not  only  keep  up  but  raise  the  price  of  bills  ; 
but  it  is  not  to  be  doubted  that  the  same  cause,  whilst  it  favors 
the  price  of  stock  at  home  by  increasing  the  demand,  will  reduce 
it  in  the  foreign  market  by  glutting  the  demand  there.  In  making 
these  remarks  I  wish  not  to  control  any  new  views  of  the  subject 
into  which  you  may  be  led  by  changes  in  the  money  state  of 
things,  or  by  further  information  relating  to  it. 

You  will  probably  better  understand  the  scope  of  the  anony 
mous  letter  than  I  do. 

Affectionate  respects, 

Mr.  DALLAS.  JAMES  MADISON. 


DEAR  SIR, — Since  writing  to  you  yesterday  I  have  received 
the  inclosed  letter  from  Mr.  Baring,  which  will  give  you  a  distinct 
view  of  our  situation  with  the  bankers  in  London.  Every  mail 
brings  me  additional  accounts  of  the  rise  in  exchange,  and,  in 
deed,  of  the  extreme  difficulty  of  procuring  good  bills.  The  im 
portance  of  reinstating  our  credit  by  payment  of  the  advances 
which  have  been  so  handsomely  made,  will  strike  you  forcibly ; 
and  upon  reflection  I  submit  to  your  consideration  the  propriety 
of  authorizing  the  sale  of  at  least  one  million  of  the  stock  in 
Europe,  which  will  put  us  at  ease,  on  account  of  every  engage 
ment,  as  far  forward  as  January  next.  The  price  must  be  left, 


LETTERS,  ETC.  449 

as  Mr.  Baring  suggests,  to  the  state  of  things  when  the  sale  is 
effected. 

Be  so  good  as  to  return  Mr.  Baring's  letter,  with  your  instruc 
tions  on  the  present  proposition. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 
The  President. 
19  September,  1815. 


MONTPELIER,  September  23, 1815. 

DEAR  SIR, — I  have  just  received  yours  of  the  19th,  inclosing  a 
letter  from  Mr.  Baring.  As  the  choice  between  the  two  modes 
of  providing  for  our  pecuniary  wants  in  Europe  depends  essen 
tially  on  a  comparison  of  the  rate  of  exchange  here  and  the  price 
of  stock  abroad,  it  must  be  determined  by  the  information  pos 
sessed  as  to  the  state  and  prospects  of  each.  My  letter  of  yes 
terday  made  a  reserve  accordingly  for  any  change  which  further 
information  might  suggest.  And  in  sanctioning  your  present 
proposal  for  selling  a  million  of  stock  abroad  I  repeat  the  discre 
tion  which  I  wish  you  to  exercise  in  carrying  it  into  execution. 
It  is  essential  that  provision  be  made  for  meeting  the  foreign  de 
mands  on  the  United  States.  And  if  any  extra  motive  were 
needed  it  is  furnished  by  the  friendly  conduct  and  liberal  confi 
dence  of  Mr.  Baring. 

Affectionate  respects, 

JAMES  MADISON. 

Mr.  DALLAS. 


1816. 

The  Secretary  of  the  Treasury  has  the  honor  to  submit  to  the 
President  a  revised  copy  of  the  circular  addressed  to  the  col 
lectors  of  the  customs  for  carrying  the  act  of  Congress  and  the 
commercial  convention  with  Great  Britain  into  effect,  together 
with  Mr.  Monroe's  opinion  on  the  subject.  The  revisal  is  made 
to  conform  to  the  suggestions  of  the  President's  note,  except  in 
relation  to  the  equalization  of  drawbacks,  which  is  again  sub 
mitted,  with  Mr.  Monroe's  remark  upon  it. 

6  March,  1816. 


Mr.  Dallas  respectfully  states  to  the  President  that  Mr.  Wil 
liam   Gamble  has  been  appointed  by  the  Secretary  of  War  to 


450  APPENDICES. 

receive  from  the  British  commander  a  surrender  of  Fort  Michili- 
mackinac,  and  Mr.  Gamble  is  ready  to  proceed  in  the  execution 
of  his  trust. 

Mr.  Dallas  recommends,  also,  that  Mr.  Gamble  should  be  ap 
pointed  collector  at  Michilimackinac. 

Mr.  Abbot,  who  was  formerly  collector,  has  not  made  any  com 
munication  to  the  Treasury  Department  since  August  last,  and 
such  representations  have  been  made  as  render  his  continuance 
in  office  inexpedient. 
14  March,  1816. 


MEMORANDUM   IN   JACOB   BARKER'S   CASE. 

Mr.  Barker  seems  to  think  that  there  is  a  personal  severity 
shown  to  him  in  the  treatment  of  his  applications  to  the  treasury. 
There  is  no  foundation  for  the  opinion.  His  bills  have  returned 
protested  for  non-payment,  and  suits  are  instituted  to  recover  the 
principal,  damages,  etc.  He  offers  to  pay  the  principal,  interest, 
and  costs  if  the  claim  to  the  damages  shall  be  released.  The 
comptroller  and  Mr.  Fish,  the  district  attorney  of  New  York, 
consulted  me  on  the  subject  some  time  ago.  Having  expressed  a 
wish  that  every  justifiable  indulgence  should  be  shown  to  Mr. 
Barker,  I  examined — first,  what  it  was  in  the  power  of  the  treas 
ury  to  do ;  and  second,  what,  under  all  the  circumstances  of  the 
case,  it  was  proper  to  do.  The  substance  of  my  opinion  was  as 
follows : 

1.  The  treasury  cannot  release  the  whole  or  any  part  of  a  debt 
due  to  the  United  States.  It  may  exercise  a  reasonable  discre 
tion  to  enlarge  the  time  of  payment,  and  to  secure  the  principal 
it  may  waive  the  claim  of  interest;  but  it  has  not  in  cases  of 
debt  gone  further.  In  cases  of  penalty  and  forfeiture,  before  they 
are  reduced  to  a  certainty,  compromises  have  been  allowed  when 
the  law  was  doubtful  or  the  evidence  imperfect. 

The  damages  upon  the  return  of  bills  protested  for  non-payment 
have  always  been  regarded  as  a  part  of  the  debt.  It  was  so 
decided  in  Mr.  Francis's  case  (Ambler,  i.),  and  I  gave  that 
opinion  to  Mr.  Gallatin  several  years  ago,  when  Mr.  Girard's  bills 
were  likely  to  return  under  protest  in  consequence  of  the  failure 
of  the  drawer,  George  Barclay.  Mr.  Girard  had  offered  to  re 
fund  the  money  with  interest,  or  to  give  new  bills,  if  the  claim  to 
the  damages  were  waived,  should  the  first  set  of  bills  be  returned. 
The  offer  was  declined,  but  Mr.  Girard  was  rescued  from  the  loss 
of  the  damages  by  the  interposition  of  Messrs.  Baring,  who  paid 
the  bills  for  the  honor  of  the  drawer. 


LETTERS,  ETC.  451 

2.  But  as  Mr.  Barker  set  up  various  pleas  to  defeat  the  demand 
of  the  United  States  either  entirely  or  partially,  two  propositions 
were  recommended  to  Mr.  Fish  : 

The  first,  that  if,  as  the  law  officer  of  the  government,  he 
thought  the  suits  could  not  be  maintained  in  point  of  law  or  of 
evidence  for  the  whole  or  any  part  of  the  demand,  the  suits  ought 
to  be  discontinued  or  the  demand  reduced  accordingly. 

The  second,  that  if  Mr.  Barker  would  pay  the  amount  which 
his  counsel  admitted  to  be  recoverable  in  law,  the  expense  and 
trouble  of  prosecuting  all  the  suits  should  be  saved  by  trying  the 
controverted  points  upon  a  writ  of  error  in  a  single  case. 

No  remarks  are  made  on  the  extraordinary  character  of  Mr. 
Barker's  pleas, — such  as  the  plea  that  the  government  had  no 
right  to  remit  bills  to  England  during  the  war ;  that  there  was 
an  understanding  between  him  and  the  late  Secretary  of  the 
Treasury  relative  to  the  funds  for  paying  the  bills,  and  that  the 
secretary  had  failed  on  his  part,  etc.  etc. 

I  am  desirous  to  accommodate  Mr.  Barker  as  far  as  it  is  prac 
ticable,  and  therefore  I  have  referred  the  subject  once  more  to  the 
comptroller. 

A.  J.  D. 
19  March,  1816. 


The  Secretary  of  the  Treasury  respectfully  submits  to  the 
President  the  answer  which  he  proposes  to  give  to  the  Commit 
tee  of  Foreign  Relations  on  the  reference  of  the  petitions  respect 
ing  the  West  India  trade,  etc.  He  thinks  that  it  would  be  pre 
mature  to  commence  a  commercial  warfare;  but  at  all 'events 
the  facts  respecting  the  British  regulations  are  not  sufficiently 
ascertained  to  be  the  foundation  of  any  legislative  act. 

1  April,  1816. 


DEAR  SIR, — As  it  is  not  my  intention  to  pass  another  winter 
in  Washington,  I  think  it  a  duty  to  give  you  an  opportunity  to 
select  a  successor  for  the  office  of  Secretary  of  the  Treasury  dur 
ing  the  present  session  of  Congress.  I  will  cheerfully  remain, 
however,  if  you  desire  it,  to  put  the  national  bank  into  motion, 
presuming  that  this  object  can  be  effected  before  the  1st  of  Oc 
tober  next.  Permit  me,  therefore,  to  tender  my  resignation,  to 
be  accepted  on  that  day,  or  at  any  earlier  period,  which  you  may 
find  more  convenient  to  yourself  or  more  advantageous  to  the 
public. 


452  APPENDICES. 

With  every  affectionate  wish  for  your  honor,  health,  and  hap 
piness,  I  am,  dear  sir,  most  respectfully  and  faithfully  your  obe 
dient  servant, 

A.  J.  DALLAS. 
The  President. 
8  April,  1816. 


DEAR  SIR, — I  have  received  your  letter  of  yesterday  commu 
nicating  your  purpose  of  resigning  the  Department  of  the  Treas 
ury.  I  need  not  express  to  you  the  regret  at  such  an  event, 
which  will  be  inspired  by  my  recollection  of  the  distinguished 
ability  and  unwearied  zeal  with  which  you  have  filled  a  station, 
at  all  times  deeply  responsible  in  its  duties,  through  a  period 
rendering  them  peculiarly  arduous  and  laborious. 

Should  the  intention  you  have  formed  be  nowise  open  to  re 
consideration,  I  can  only  avail  myself  of  your  consent  to  prolong 
your  functions  to  the  date  and  for  the  object  which  your  letter 
intimates.  It  cannot  but  be  advantageous  that  the  important 
measure  in  which  you  have  had  so  material  an  agency  should  be 
put  into  its  active  state  by  the  same  hands. 

Be  assured,  sir,  that  whatever  maybe  the  time  of  your  leaving 
the  department,  you  will  carry  from  it  my  testimony  of  the  in 
valuable  services  you  have  rendered  your  country,  my  thank 
fulness  for  the  aid  they  have  afforded  in  my  discharge  of  the 
executive  trust,  and  my  best  wishes  for  your  prosperity  and  hap 
piness. 

JAMES  MADISON. 

ALEXANDER  J.  DALLAS,  Secretary  of  the  Treasury. 
April  9,  1816. 


MONTPELIER,  Saturday  morning,  June  8,  1816. 
DEAR  SIR, — I  have  received  and  thank  you  for  the  letters  for 
Hamburg  and  Bremen,  which  will  be  transmitted  from  the  De 
partment  of  State.  We  ended  our  journey  last  evening.  With 
the  exception  of  a  short  pelting  shower  on  the  day  we  set  out,  the 
weather  and  the  roads  were  peculiarly  favorable.  I  found  the 
prospects  of  the  farmers  generally  far  better  than  I  had  expected  ; 
the  wheat-fields  much  better  until  I  reached  my  own  neighbor 
hood,  where  the  Hessian  fly  has  done  considerable  injury,  though 
much  less  than  was  reported,  and  the  injury  has  been  in  some 
degree  also  mitigated  by  late  rains. 

Affectionate  respects, 

JAMES  MADISON. 
A.  J.  DALLAS,  Esq. 


LETTERS,  ETC.  453 

MONTPELIER,  June  16,  1816. 

DEAR  SIR, — I  return  your  communications  of  the  12th  inst., 
with  my  approbation  of  what  you  propose  in  relation  to  the 
Cumberland  Road.  Perplexing-  as  this  business  is,  it  will  be 
come  more  so,  I  fear,  if  Mr.  Shriver  should  withdraw  from  it. 
He  has,  notwithstanding  the  impatience  of  some,  more  of  the 
public  confidence  than  will  probably  be  enjoyed  by  a  successor. 
And  if  a  distrust  of  the  agent  be  added  to  the  unavoidable  diffi 
culties  and  delays,  it  is  easy  to  foresee  the  complaints  that  will 
abound. 

The  conduct  of  the  banks  who  refuse  or  evade  the  necessary 
efforts  to  restore  the  specie  standard  is  truly  reproachful.  This 
is  the  only  effectual  cure  for  the  diseases  of  the  currency,  and  the 
effect  of  them  on  the  national  character  and  the  morals  of  the 
people.  The  sense  of  justice  and  the  respect  for  contracts  are 
daily  losing  force  in  the  public  mind.  Whilst  the  banks  refuse 
to  pay  their  debts,  notwithstanding  the  means  they  have  in  the 
public  stock,  which  they  could  dispose  of  with  a  profit,  or  even  to 
pay  interest  on  their  debts,  they  at  once  set  an  example  and  im 
pose  a  necessity  for  injustice  and  breach  of  faith  between  individual 
debtors  and  creditors ;  at  the  same  time  that  they  distract  and 
obstruct  all  the  pecuniary  transactions  of  the  government. 

It  is  certainly  incumbent  on  the  executive  to  do  everything 
in  its  power  to  promote  the  salutary  object  of  the  resolution 
passed  near  the  close  of  the  late  session  of  Congress  ;  and  the 
consultation  you  suggest  cannot  but  be  proper.  Be  so  good, 
therefore,  as  to  communicate  to  your  colleagues  my  wish  that 
they  assemble  for  the  purpose,  and  transmit  the  result  of  their 
united  reflections.  You  will  be  best  able  to  present  the  several 
points  on  which  decisions  are  proper.  Unless  the  national 
bank  should  be  both  able  and  willing  to  afford  relief,  I  see  no 
resource  against  the  existing  policy  of  the  State  banks,  if  sup 
ported  by  the  State  governments,  and  for  a  universal  medium, 
but  in  a  treasury  paper,  with  the  prerogative  of  being  used  in 
the  national  taxes  and  transactions,  and  an  entire  exclusion  of 
the  local  bank  paper.  And  this  cannot  be  effected  without  a 
dilatory  process.  At  present  the  abuses  growing  out  of  a  diver 
sity  of  currencies,  and  the  discretion  exercised  by  the  collectors, 
are  as  provoking  as  they  are  mischievous.  I  just  learn,  though 
the  information  may  not  be  accurate,  that  the  collectors  in  some 
districts  in  this  State,  availing  themselves  of  this  discretion,  and 
of  the  authorized  regulations  of  the  State  courts,  receive  the 
national  taxes  indiscriminately  in  all  the  circulating  paper,  and  ex 
change  for  their  own  profit  the  better  for  the  inferior  notes, 
particularly  those  of  the  District  of  Columbia.  Should  this  be 
the  fact,  they  must  calculate  on  the  latter's  being  receivable  from 


454  APPENDICES 

them  into  the  treasury  ;   and  some  correction  of  the  error  be 
comes  necessary. 

Although  it  may  be  proper  not  to  act  on  the  result  of  the 
cabinet  consultation  until  the  bank  subscriptions  be  closed,  it 
will  be  proper  that  the  consultation  be  held  before  the  members 
in  Washington  be  separated.  Mr.  Crawford,  I  understand,  medi 
tates  a  visit  to  Georgia,  and  Mr.  Monroe  to  Virginia.  You  will 
ascertain  their  precise  views,  and  fix  the  time  for  the  consulta 
tion  accordingly. 

I  return  also  the  letters  of  Mr.  Hassler.  I  wish  his  compensa 
tion  could  have  been  arranged  in  the  manner  proposed  to  him. 
There  is,  however,  weight  in  his  observations  in  favor  of  his 
own  mode.  I  believe  we  cannot  do  better  than  to  acquiesce  in 
it:  allowing  him  $3000  for  salary,  and  $2000  for  his  estimated 
expenses.  If  $1500  for  the  latter  would  content  him,  there 
would  be  an  advantage  in  it. 

Best  respects  and  regards, 

Mr.  DALLAS.  JAMES  MADISON. 


DEAR  SIR, — Your  instructions  relative  to  Fort  Harrison,  and 
the  reservation  of  the  land  in  its  neighborhood,  have  been  carried 
into  effect.  I  hope  now  to  be  able  to  put  the  business  of  the 
Cumberland  Road,  as  well  as  the  business  of  the  survey  of  the 
coast,  into  a  course  of  execution  without  troubling  you  again. 
The  consultation  on  the  resolution  of  Congress  respecting  the 
currency  will  be  attended  to,  as  you  desire. 

The  inclosed  papers  exhibit  a  general  complaint  against  Mr. 
Du  Plessis,  the  collector  of  New  Orleans,  without  specifying  any 
fact  of  official  delinquency.  The  subject,  however,  seems  to  de 
mand  attention  ;  and  1  propose  referring  it,  confidentially,  to  Mr. 
Benjamin  Morgan  and  the  district  attorney  for  investigation  and 
report.  I  will  also  write  to  Mr.  Robertson  requesting  his  atten 
tion  to  the  inquiry.  The  probability  is  that  the  present  calami 
tous  state  of  New  Orleans  will  disperse  its  inhabitants;  but  it  is 
best  to  take  the  chance  of  a  letter's  finding  Mr.  Robertson  and 
Mr.  Morgan  at  that  place. 

We  have  no  news,  foreign  or  domestic. 

I  am,  dear  sir,  most  respectfully  and  faithfully  }Tours, 

A.  J.  DALLAS. 

The  President. 
18  June,  1816. 


TREASURY  DEPARTMENT,  24  June,  1816. 

GENTLEMEN, — The    President   has  authorized  me  to  request 
that  you  will  communicate  your  opinions  upon  the  questions  con- 


LET  TEES,  ETC.  455 

tained  in  the  inclosed  statement,  which  is  founded  on  the  resolu 
tion  of  Congress,  passed  the  29th  of  April,  1816,  relative  to  the 
collection  of  the  public  revenue  in  the  legal  currency  of  the 
United  States. 

I  will  do  myself  the  honor  to  meet  you  upon  the  subject  of  the 
statement  whenever  you  shall  appoint. 

I  am,  very  respectfully,  your  most  obedient  servant, 

A.  J.  DALLAS. 
The  Hon.  JAMES  MONROE,  Secretary  of  State. 

WM.  H.  CRAWFORD,  Secretary  of  War. 

B.  W.  CROWNINSHIELD,  Secretary  of  the  Navy. 

RICHARD  RUSH,  Attorney- General. 


DEAR  SIR, — The  inclosed  report  gives  you  the  result  of  our 
consultation  on  the  resolution  of  the  29th  of  April,  1816.  I 
entertained  a  doubt  for  a  moment  upon  the  power  of  the  treasury 
to  make  a  discrimination  in  the  terms  of  paying  different  descrip 
tions  of  public  debts  and  duties.  I  am  satisfied,  however,  upon 
reflection,  that  the  arrangement  is  indispensable  for  the  accom 
modation  of  the  country  ;  and  as  the  rule  is  a  general  one,  apply 
ing  to  the  kind  of  debt,  and  not  to  the  person  of  the  debtor,  I 
perceive  no  breach  of  law  or  of  impartiality.  As  soon  as  the 
papers  are  returned  to  me  with  your  opinion,  I  will  act  upon 
them. 

I  am,  dear  sir,  most  respectfully  and  faithfully,  your  obedient 
servant, 

A.  J.  DALLAS. 

The  President. 


The  Secretary  of  the  Treasury  has  the  honor  to  submit  to  the 
President  of  the  United  States  the  following 

REPORT. 

That  in  pursuance  of  the  authority  given  by  the  President,  the 
Secretary  of  the  Treasury  prepared  and  submitted  to  the  consid 
eration  of  the  heads  of  departments  and  the  Attorney-General 
the  statement,  founded  upon  the  resolution  of  Congress  of  the 
29th  of  April,  1816,  relative  to  the  collection  of  the  revenue 
in  the  legal  currency  of  the  United  States,  which  is  hereunto 
annexed,  marked  A. 

That  the  Secretary  of  State,  the  Secretary  of  War,  and  the 
Attorney-General,  assembled  at  the  treasury,  after  having  duly 
considered  the  statement,  and  in  answer  to  the  several  questions 
therein  proposed,  it  was  unanimously  decided, — 


456  APPENDICES. 

1st.  That  it  is  not  the  duty  of  the  Secretary  of  the  Treasury, 
at  this  time,  nor  at  any  time  before  the  20th  of  February,  1817, 
to  demand  that  all  payments  to  the  United  States  shall  be  made 
in  the  manner  specified  in  the  resolution  of  the  29th  of  April,  1816. 

2d.  That  it  is  not  the  duty  of  the  Secretary  of  the  Treasury, 
at  this  time,  nor  at  any  time  before  the  20th  of  February,  1817, 
to  cause  the  notes  of  the  State  banks,  which  are  not  payable  and 
paid  on  demand  in  the  legal  currency  of  the  United  States,  to  be 
refused  in  all  payments  to  the  United  States. 

3d.  That  it  will  be  expedient  and  proper  for  the  Secretary  of 

the  Treasury  to  adopt  the  measures  which  he  has  suggested, 

to  wit : 

A  circular  letter  to  the  State  banks  in  the  form  of  the  draft 
marked  B. 

A  proposition  to  the  banks  in  the  form  of  the  notice  marked  C. 

If  the  State  banks,  or  a  considerable  number  of  the  most  in 
fluential  banks  of  the  commercial  cities,  accede  to  the  proposition, 
it  will  be  advisable  to  announce  and  enforce  it  as  a  treasury 
regulation.  If  there  should  not  be  such  an  accession  of  the 
banks,  it  will  be  advisable  and  proper  to  suspend  any  further 
proceedings  until  the  20th  of  February,  1817,  when  it  will  be  the 
duty  of  the  Secretary  of  the  Treasury  to  demand  that  all  pay 
ments  to  the  United  States  be  made  in  the  manner  specified  in 
the  resolution  of  the  29th  of  April,  1816. 

All  wrhich  is  respectfully  submitted. 

A.  J.  DALLAS,  Secretary  of  the  Treasury. 
TREASURY  DEPARTMENT,  29  June,  1816 


MONTPELIER,  June  30, 1816. 

DEAR  SIR, — I  return  the  papers  inclosed  in  yours  of  the  27th, 
concurring  in  the  opinion  of  the  comptroller,  founded  on  his 
statement  of  the  case  of  the  schooner  Mary  Stiles.  I  do  not  think 
a  pardon  proper.  I  am  not  sure  that  it  would  be  correct  to  decide 
the  question  of  a  remission  under  the  act  of  Congress,  which  I 
believe  submits  it  exclusively  to  the  Treasury  Department.  The 
case  may,  therefore,  lie  over  for  future  decision,  or  a  non-remittitur 
may  be  entered,  as  you  think  proper.  The  nature  of  the  case, 
the  opinion  of  the  comptroller,  and  the  refusal  to  pardon,  would 
doubtless  protect  the  latter  alternative  against  suggestions  of  in 
delicacy,  if  that  be  the  only  consideration  to  be  weighed. 

I  have  written  to  Mr.  Monroe  on  the  subject  of  both  Algerian 
and  Spanish  misconduct.  There  is  more  to  be  said  in  excuse  of 
the  Dey  than  of  Ferdinand,  although  it  may  be  fairly  suspected 
that  there  has  been  a  collusion  between  them.  If  the  brig  was 
surrendered  gratis,  it  was  a  gross  breach  not  only  of  friendship 


LETTERS,  ETC.  457 

but  of  a  special  promise  to  mitigate,  instead  of  augmenting,  the 
difficulty  between  the  United  States  and  Algiers.  If  a  price  was 
paid  by  Algiers,  it  was  an  acknowledgment  on  both  sides  that 
the  capture  by  us  was  lawful.  I  have  written  to  the  Secretary 
of  State  also  on  the  subject  of  the  whaling-vessel,  as  you  will 
have  learned  from  himself.  Our  affairs  with  Spain  generally 
are,  as  you  observe,  taking  a  very  critical  shape. 

I  have  not  yet  received  the  despatch  from  Mr.  Harris.  A  dispute 
with  Russia,  of  any  sort,  would  be  a  very  disagreeable  incident, 
especially  at  this  moment.  But,  having  right  on  our  side,  we 
may  hope  for  a  favorable  result  to  amicable  explanations  ;  or, 
these  failing,  must  sustain  the  national  character,  for  which  the 
government  is  responsible.  If  the  emperor  has  taken  any  hasty 
and  harsh  step  towards  Mr.  Harris,  who  personally  stood  so 
well  with  him,  it  must  have  been  the  effect  of  shameful  misrep 
resentations  to  him,  such  as  may  reasonably  be  expected  to 
recoil  on  the  authors. 

Gardner's  resignation  has  produced,  as  you  will  see,  an  appli 
cation  from  Governor  Plumer  in  behalf  of  his  son.  Other  can 
didates  may  be  looked  for,  having,  possibly,  superior  pretensions; 
but  I  have,  on  other  occasions,  heard  a  very  favorable  account 
of  the  talents  and  amiable  qualities  of  this  young  man. 

I  shall  direct  this  to  be  forwarded  to  Philadelphia,  in  the 
probable  event  of  your  having  left  Washington. 

Accept  my  esteem  and  cordial  regards, 

JAMES  MADISON. 

Mr.  DALLAS. 


DEAR  SIR, — I  send,  for  your  consideration,  Governor  Plumer's 
recommendation  of  his  son,  to  succeed  Mr.  Gardner,  whose 
resignation  of  the  loan-office  in  New  Hampshire  was  forwarded 
a  few  days  ago. 

Mr.  Smith,  the  marshal  of  New  York,  is  dead,  and  you  will,  I 
presume,  be  harassed  with  applications  for  the  office. 

I  am,  dear  sir,  most  respectfully  and  faithfully  your  obedient 
servant, 

A.  J.  DALLAS. 

The  President. 
1  July,  1816.  

The  Secretary  of  the  Treasury  has  the  honor  to  submit  to  the 
President  a  copy  of  his  letter  to  the  auditor  of  the  treasury 
respecting  the  settlement  of  Mr.  Hassler's  accounts,  which  will 
require  the  President's  approbation. 

A.  J.  DALLAS. 
TREASURY  DEPARTMENT, 
5  July,  1816. 

30 


458  APPENDICES. 

MOXTPELTER,  July  4,  1816. 

DEAR  SIR, — I  have  received  yours  of  the  29th  of  June,  with 
the  several  papers  sent  with  it. 

Under  the  difficult  circumstances  of  the  currency,  and  the 
obligation  to  attempt  a  remedy,  or  at  least  an  alleviation  of 
them,  the  plan  you  have  in  view  is  entitled  to  a  fair  experiment. 
You  do  right,  however,  in  reserving  a  discretion  to  judge  of  the 
sufficiency  of  accessions  by  the  State  banks.  Should  there  be  a 
single  State  in  which  a  failure  of  its  banks  to  accede  should 
reduce  the  people  to  the  necessity  of  paying  their  taxes  in  coin, 
or  treasury  notes,  or  a  bank  paper  out  of  their  reach,  the  pressure 
and  complaint  would  be  intense,  and  the  more  so  from  the  in 
equality  with  which  the  measure  would  operate. 

Can  the  suspension  of  payments  in  coin  by  the  principal  banks 
be  regarded  as  the  precise  cause  of  the  undue  depreciation  of 
treasury  notes,  as  intimated  in  the  third  paragraph  of  your  cir 
cular  ?  A  slight  modification,  if  you  think  it  requisite,  would 
obviate  the  remark. 

As  your  statement  to  the  President  will  remain  an  official 
document,  I  suggest,  for  your  consideration,  the  expression  that 
the  treasury  "cannot  discriminate,  in  the  mode  of  payment,  be 
tween  the  revenue  of  customs  and  the  internal  revenue"  as  liable 
to  be  turned  against  the  distinction  proposed  in  the  payment  of 
them. 

With  respect  to  the  validity  of  this  distinction  I  should  yield 
my  doubts,  if  they  were  stronger  than  they  are,  to  the  unanimous 
opinion  which  has  sanctioned  it. 

I  anxiously  wish  that  the  State  banks  may  enter  promptly  and 
heartily  into  the  means  of  re-establishing  the  proper  currency. 
Nothing  but  their  general  co-operation  is  wanting  for  the  pur 
pose  ;  and  they  owe  it  to  their  own  character,  and  ultimately  to 
their  own  interests,  as  much  as  they  do  to  the  immediate  and 
vital  interests  of  the  nation.  Should  they  sacrifice  all  these  pow 
erful  obligations  to  the  unfair  gain  of  the  moment,  it  must  remain 
with  the  State  legislatures  to  apply  the  remedy  in  their  hands  ; 
and  it  is  to  be  hoped  that  they  will  not  be  diverted  from  it  either 
by  their  share  -in  the  gains  of  the  banks  or  the  influence  of  the 
banks  on  their  deliberations.  If  they  will  not  enforce  the  obli 
gations  of  the  banks  to  redeem  their  notes  in  specie,  they  cannot, 
surely,  forbear  to  enforce  the  alternatives  of  redeeming  them  with 
public  stock,  or  with  national  bank-notes,  or  finally,  of  paying 
interest  on  all  their  notes  presented  for  payment.  The  expedient, 
also,  of  restricting  their  circulating  paper  in  a  reasonable  propor 
tion  to  their  metallic  fund,  may  merit  attention,  as  at  once  aiding 
the  credit  of  their  paper  and  accelerating  a  resumption  of  specie 
payments. 


LETTERS,  ETC.  459 

I  inclose  the  papers  A,  B,  C,  to  guard  against  the  possibility 
that  you  may  not  have  copies  of  them  with  you. 
Accept  my  esteem  and  cordial  respects, 

JAMES  MADISON. 
The  Secretary  of  the  Treasury. 


DEAR  SIR, — On  the  day  of  my  departure  from  Washington, 
the  heads  of  departments  assembled  at  Mr.  Monroe's  office  and 
considered  all  the  subjects  which  you  had  referred  to  them.  Mr. 
Monroe  will  communicate  the  result  to  you,  together  with  a  state 
ment  of  the  measures  suggested  in  relation  to  Mr.  Kusloff's  case. 

There  is  no  business  to  trouble  you  with  from  the  treasury ; 
and  there  is  neither  foreign  nor  domestic  intelligence  beyond  the 
articles  to  be  found  in  the  newspapers.  The  subscription  to  the 
national  bank  proceeds  slowly,  but  steadily.  There  is  perfect 
confidence  that  it  will  exceed  the  amount  of  the  capital  before 
the  twenty  days  have  expired.  The  New  England  Federalists 
will  subscribe  freely,  and  they  have  already  despatched  an  agent 
to  Philadelphia  to  negotiate  for  the  election  of  Mr.  James  Lloyd 
as  the  president  of  the  bank.  Mr.  Willing  declines,  and  Mr. 
Jones's  pecuniary  situation  seems  to  present  a  serious  difficulty 
in  the  way  of  his  advancement.  If,  however,  the  southern  and 
western  interests  support  him,  I  think  his  success  probable. 

I  am,  dear  sir,  most  respectfully  and  faithfully,  your  obedient 
servant, 

A.  J.  DALLAS 

The  President. 
7  July,  1816. 


DEAR  SIR, — The  act  of  the  30th  of  April,  1816,  appropriates 
$250,000  for  custom-house  establishments.  It  will  probably  be  a 
sum  sufficient  for  the  five  principal  commercial  cities;  but  I 
have  not  received  satisfactory  information  from  any  collector  but 
the  collector  of  Boston,  upon  whose  report  I  now  transmit  to 
you  an  official  statement,  which  you  will  be  so  good  as  to  return 
with  your  directions  subjoined. 

This  opportunity  is  taken  to  place  before  you  the  recommenda 
tions  for  Mr.  Plumer  and  Mr.  Wentworth  as  candidates  for  the 
vacant  loan-office.  I  do  not  hear  of  any  other  name;  and,  on 
the  whole,  I  think  the  weight  of  recommendation  is  in  favor  of 
Mr.  Plumer. 

I  am,  dear  sir,  most  respectfully  and  faithfully,  your  obedient 
servant, 

A.  J.  DALLAS. 

The  President 
8  July,  1816. 


460  APPENDICES. 

DEAR  SIR, — I  have  received  your  favor  of  the  4th  instant, 
and  shall  alter  the  circular  on  the  currency  in  the  way  which 
you  suggest. 

The  receipt  of  several  additional  recommendations  for  the  loan- 
office  in  New  Hampshire  induces  me  to  suspend  an  application 
for  the  commission  in  favor  of  Mr.  Plumer,  until  you  have  seen 
the  documents  now  sent.  I  do  not  anticipate,  however,  a  change 
in  your  instructions. 

I  am,  dear  sir,  most  respectfully  and  faithfully,  your  obedient 
servant, 

A.  J.  DALLAS. 

The  President. 
11  July,  1810. 


MONTPELIER,  July  15,  1810. 

DEAR  SIR, — I  have  received  your  several  letters  of  the  5th, 
7th,  8th,  and  llth.  Your  statement  in  the  case  of  Mr.  Hassler 
was  sanctioned  and  sent  to  the  treasury,  as  was  the  proposed  pur 
chase  of  a  custom-house  at  Boston.  Be  so  good  as  have  issued 
a  commission  for  Mr.  Plumer  as  loan-officer  for  New  Hampshire. 
The  recommendations  of  Mr.  Wentworth  are  very  weight}7,  but, 
being  local,  justify  the  preference  of  Mr.  Plumer,  who  is  called 
for  by  those  more  in  a  situation  to  speak  for  the  whole  State,  and 
it  is  a  State,  not  local  office. 

The  accounts  from  all  quarters  promise  success  to  the  bank 
commissioners.  If  there  be  no  hope  for  Mr.  Jones,  it  is  much  to 
be  wished  that  some  commanding  character  might  come  into 
view.  It  will  be  a  real  disadvantage  both  to  the  bank  and  the 
government  if  a  president  should  be  chosen  with  disaffected 
views,  or  even  without  the  entire  confidence  of  the  treasury 
department  and  the  nation. 

You  will  have  noticed  the  return  of  the  Macedonian.  I  un 
derstand  Mr.  Hughes  speaks  unfavorably  of  the  prospects,  and  of 
the  character  also,  of  the  revolutionary  party  in  that  quarter. 

Cordial  respects, 

Mr.  DALLAS.  JAMES  MADISON. 


DEAR  SIR, — I  trouble  you  with  a  draft  of  the  agreement  with 
Mr.  Hassler  relative  to  the  survey  of  the  coast.  The  work  is  an 
important  one,  and  must  require  both  time  and  money  to  com 
plete  it.  I  am  confident  that  Mr.  Hassler  is  the  only  person 
equal  in  all  respects  to  the  undertaking,  within  the  reach  of  the 
government. 

The  circular  to  the  banks  is  prepared  for  issuing,  and  the  pros 
pect  of  an  accumulation  of  revenue  in  New  York  was  so  favor- 


LETTEBS,  ETC.  461 

able  that  I  had  drafted  a  treasury  notice  assigning  funds  to  pay 
all  the  treasury  notes,  which  were  payable  in  New  York,  during; 
the  year  1814  and  the  early  months  of  1815,  on  the  first  day  of 
September  next.  The  inclosed  letter  from  Mr.  Irving  has,  how 
ever,  induced  me  to  pause  upon  both  measures.  The  crisis  de 
scribed  by  Mr.  Irving  will  not  immediately  affect  Philadelphia 
and  Baltimore,  where  the  banks  continue  to  issue  notes,  most  licen 
tiously,  for  the  accommodation  of  the  merchants.  The  paper 
balloon  will,  nevertheless,  explode  unless  some  relief  can  be  af 
forded  to  the  sufferers  in  New  York,  and  some  reform  be  intro 
duced  at  the  banks  of  Philadelphia  and  Baltimore.  I  will  reflect 
upon  the  powers  of  the  treasury,  and  beg  the  favor  of  your  views 
as  to  the  best  course  to  be  pursued. 

The  collector  of  Philadelphia  has  sent  a  report,  which  accom 
panies  this  letter,  relative  to  the  site  for  a  custom-house.  The 
apportionment  of  the  sum  appropriated  by  Congress  is  left  to 
the  department  under  the  direction  of  the  President.  As  we 
can  procure  a  custom-house  at  Boston  for  $29,000,  the  sum  to  be 
applied  at  Philadelphia  may  exceed  the  one-fifth  of  the  appro 
priation.  I  think  the  purchases  in  the  other  commercial  cities 
will  also  be  within  the  amount  of  an  equal  distribution. 

I  am,  dear  sir,  most  respectfully  and  faithfully,  your  obedient 
servant, 

A.  J.  DALLAS. 

The  President. 
10  July,  1816. 


The  Secretary  of  the  Treasury  has  the  honor  to  submit  to  the 
President  of  the  United  States  the  inclosed  report  and  estimate 
of  the  collector  of  the  port  of  Philadelphia  relative  to  the  pur 
chase  of  a  site  and  the  erection  of  buildings  for  a  custom-house 
in  that  city. 

A.  J.  DALLAS,  Secretary  of  the  Treasury. 
TREASURY  DEPARTMENT,  16  July,  1816. 


MONTPELIER,  July  18,  1816. 

DEAR  SIR, — I  have  just  received  yours  of  the ,  inclosing 

Mr.  Hassler's  letter  on  the  subject  of  the  observatory.  I  had 
previously  received  one  from  Colonel  Lane,  informing  me  of  the 
selection  made  by  Mr.  Hassler  for  its  site.  Although  I  had  no 
doubt  of  the  fitness  of  any  spot  preferred  by  Mr.  H.,  taken  in  the 
abstract,  it  occurred  to  me  that  as  the  whole  square  would  be 
required,  the  expense  to  the  public  might  be  very  considerable, 
and  that  there  might  be  inconveniences  in  alienating  so  much 


462  APPENDICES. 

ground  in  that  particular  situation  from  uses  to  which  it  might  be 
otherwise  applied.  On  these  considerations,  I  thought  it  proper 
to  desire  Mr.  Munroe,  the  superintendent  of  the  city,  to  make 
out  an  estimate  of  the  value  of  the  grounds  in  question,  with 
such  observations  as  to  the  other  points  as  he  might  think 
useful ;  to  be  furnished  to  you,  or,  in  your  absence,  to  Mr.  Rush, 
whose  attention  I  asked  to  the  subject.  I  am  glad  to  find  the 
concurrence  in  what  has  been  separately  done.  After  all,  the 
question  you  raise  as  to  the  legality  of  a  purchase  of  ground  by 
the  public  is  a  material  one,  and  cannot  be  decided  without  an 
accurate  view  of  the  case.  I  suggested  to  Colonel  Lane  that  it 
might  be  well  for  Mr.  Hassler  to  point  out  the  best  substitute  for 
a  site,  which  would  be  free  from  the  difficulties  incident  to  the 
square  best  in  itself.  From  Mr.  Hassler's  letter  I  conclude  he 
will  have  left  Washington  before  the  arrival  of  mine  there.  Per 
haps  he  can,  from  memory,  refer  you  to  the  one  he  would  have 
named  to  Colonel  Lane. 

I  return  the  letter  from  Mr.  II.,  and  the  note  from  Mr.  Jones. 
I  have  already  expressed  my  wish,  in  case  his  prospect  for  the 
presidency  of  the  bank  should,  unfortunately  for  him,  prove  hope 
less,  his  place  might  be  taken  by  one  whose  standing  would  insure 
success.  It  is  of  great  importance  to  the  nation  as  well  as  to 
the  bank  itself  that  the  head  of  it  should  enjoy  the  full  confi 
dence,  in  every  respect,  of  the  treasury  and  of  Congress.  I  ob 
serve  that,  notwithstanding  the  general  calculation  of  success  to 
the  subscriptions,  their  progress  is  slow  and  deliberate.  Perhaps 
it  results  from  the  very  certainty  of  the  successful  issue,  and  a 
policy,  in  those  who  wish  as  much  as  they  can  get,  to  damp  sub 
scriptions,  that  they  may  rush  in  at  the  last  moment. 
Accept  my  esteem  and  affectionate  respects, 

JAMES  MADISON. 

Mr.  DALLAS. 


MONTPELIER,  July  21,  1816. 

DEAR  SIR, — I  have  received  yours  of  the  16th,  inclosing  the 
propositions  of  Mr.  Hassler,  the  report  of  the  collector  of  Phila 
delphia,  and  the  letter  from  Mr.  Irving. 

The  importance  of  the  object,  and  the  peculiar  fitness  of  Mr. 
Hassler  for  it,  prescribe  an  acquiescence  in  his  terms.  Will  it  not 
be  better  to  throw  his  paper  into  the  form  of  instructions  and 
explanations  accompanying  his  appointment,  than  to  let  it  stand 
in  that  of  a  contract  ?  Some  attention  will  be  necessary  to  the 
mode  of  subjecting  military  officers  to  his  orders.  The  War  and 
Navy  Departments  will  understand  it.  Mr.  Hassler  proposes 
that  the  chief  officer  shall  be  the  treasurer,  etc.  Can  this  service 
be  forced  on  him,  or  will  his  consent  and  compensation  be  requi- 


LETTERS,  ETC.  463 

site  ?    If  there  be  a  difficulty,  it  may  be  provided  for  by  an  after- 
arrangement. 

Considering  the  expense  of  erecting  permanent  observatories, 
and  the  competition  of  sites  for  them,  to  which  may  be  added  the 
question  of  appropriating  an  occasional  fund  to  permanent  ob 
jects,  it  may  deserve  your  consideration  whether  it  may  not  be 
advisable  to  borrow  the  use  of  existing  establishments,  if  such 
can  be  found,  or  to  erect  temporary  observatories,  if  it  can  be 
done  with  a  material  diminution  of  expense. 

I  presume  you  cannot  do  better  than  to  secure  the  site  referred 
to  by  General  Steele  for  the  custom-house  in  Philadelphia.  It 
must  be  of  peculiar  importance  that  it  be  located  conveniently 
for  the  public  and  for  the  merchants.  Of  the  reasonableness  of 
the  price  for  the  lots  I  cannot  judge.  The  judgment  of  General 
Steele  is  entitled  to  much  confidence.  As  it  is  uncertain  what 
may  be  the  expense  called  for  in  New  York  and  Baltimore,  it  will 
be  fortunate  if  offers  from  both  should  arrive  before  that  at 
Philadelphia  be  made  unalterable.  It  is  possible  that  the  excess 
at  other  places  may  be  greater  beyond  their  proportions  than  that 
at  Philadelphia.  In  that  case,  if  economy  be  impracticable  in  pur 
chasing  the  sites,  it  must  be  applied  to  the  buildings,  unless  an 
increase  of  the  appropriations  by  Congress  can  be  safely  antici 
pated. 

Mr.  Irving's  letter  gives  a  deplorable  picture  of  the  mercantile 
and  moneyed  situation  of  New  York.  If  the  evil,  however, 
arises  from  the  excess  of  imports  beyond  the  wants  of  the 
country,  a  partial  and  temporary  relief  only  can  be  administered. 
The  country  merchants  cannot  sell,  because  the  people  do  not 
need  more  of  their  merchandise ;  not  selling,  they  cannot  pay 
the  importers;  and  these,  not  receiving,  cannot  pay  their  duties 
to  the  treasury.  Were  they  enabled  to  pay  the  duties,  or  in 
dulged  with  time  for  the  purpose,  how  are  they  to  make  their 
remittances  to  Europe,  amounting  to  so  much  more  than  their 
duties  ?  Of  the  several  alleviations  stated  by  Mr.  Irving,  my 
first  impression  is  in  favor  of  a  renewal  of  the  bonds,  with  an 
augmented  security,  as  countenanced  by  the  danger,  in  case  of 
an  extensive  explosion,  of  an  actual  loss  to  the  public.  I  sus 
pend  my  opinion,  however,  till  I  can  aid  it  with  the  result  of 
your  reflections  on  the  subject.  A  memorial  from  the  merchants 
is  desirable,  as  an  authentic  groundwork  for  executive  interpo 
sition,  if  it  finally  take  place. 

Accept  my  best  wishes, 

JAMES  MADTSON. 

Mr.  DALLAS. 


464  APPENDICES. 

DEAR  SIR, — Having  considered  the  question  as  to  purchasing 
a  site  for  the  observatory  more  attentively,  I  conclude  that  it 
would  be  deemed  probably  an  extreme  latitude  of  construction  to 
make  an  expensive  purchase  of  lots  as  an  incident  to  the  author 
ity  for  a  survey  of  the  coast,  which  is  a  temporary  work.  The 
objection  does  not  arise  to  occupying1  lots  already  belonging  to 
the  public,  and  which  would  at  all  times  be  subject  to  the  direc 
tions  of  Congress.  Under  that  impression,  I  will  address  Mr. 
Hassler  upon  the  subject. 

I  have  received  a  letter  from  Mr.  Baker  complaining-  of  a  dis 
crimination  between  British  and  American  vessels  in  the  port  of 
New  York  as  to  pilotage  and  fees  exacted  under  the  State  laws. 
The  draft  of  an  answer  is  submitted  for  your  consideration  with 
the  letter  itself.  It  seems,  however,  to  me  that  subjects  of  this 
kind  should  be  discussed  in  the  Department  of  State. 

The  bank  subscriptions  close  to-morrow,  and  I  will  hasten  to 
communicate  the  result  as  soon  as  the  materials  are  collected  to 
ascertain  it.  There  is  a  general  confidence  that  the  whole  capi 
tal  will  be  subscribed.  Mr.  Girard's  interest  is  at  the  maximum, 
three  thousand  shares,  or  $300,000.  He  says  that  he  will  take  a 
much  greater  interest  if  it  be  necessary.  His  name  is  sometimes 
mentioned  as  president  of  the  bank ;  but  it  is  probable  that  he 
will  support  Mr.  Jones,  whose  prospects  become  more  favorable. 
Except  tlffese  gentlemen,  I  do  not  know  a  Republican  within 
your  description  of  fitness  who  would  be  likely  to  succeed  or 
be  willing  to  become  a  candidate. 

I  trouble  you  with  a  case  from  Bermuda,  because  it  seems  to 
be,  in  some  sort,  anomalous.  The  island  is  not  within  the  ex 
ception  of  the  convention  as  to  the  West  Indies,  nor  within  the 
general  provision  as  to  the  British  European  dominions  ;  but  it  is 
stated  that,  by  an  act  of  Parliament,  vessels  of  the  United  States 
are  permitted  to  go  to  and  trade  at  Bermuda. 

I  am,  dear  sir,  most  respectfully  and  faithfully,  your  obedient 
servant, 

A.  J.  DALLAS. 

The  President. 
23  July,  1816. 


DEAR  SIR, — I  inclose  the  memorial  of  the  merchants  of  New 
York,  to  which  Mr.  Irviug's  letter  (already  communicated  to 
you)  referred.  It  appears  to  me  that  the  only  proper  mode  of 
interfering  for  the  relief  of  the  memorialists  would  be  to  author 
ize  the  district  attorney  to  stay  executions  after  judgments  had 
been  entered,  taking,  if  necessary,  additional  security.  To  sus 
pend  suits,  or  to  renew  the  bonds,  is  an  alternative  that  I  am 
not  prepared  to  recommend. 


LETTERS,  ETC.  465 

I  send  for  your  perusal  a  letter,  which  I  have  received  from 
Mr.  McCall,  covering  two  Spanish  documents. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 
The  President. 
—  July,  1816. 

MONTI'ELIER,  July  26,  1816. 

DEAR   SIR, — I  have  received  yours  of  the  ,  and  return 

the  New  York  memorial  inclosed  in  it.  Interpositions  for  relief 
in  such  cases  are  of  a  delicate  nature  when  proceeding  from  the 
legislature,  the  most  competent  authority.  When  claimed  from 
the  executive  they  are  peculiarly  delicate.  The  only  ground  on 
which  the  latter  can  proceed  seems  to  be  that  of  increasing  the 
security  of  the  revenue  by  suspending  a  pressure  which  might 
impair  the  solvency  of  the  debtor  to  the  treasury;  and  this 
ground  is  sanctioned  by  precedents  as  well  as  by  its  intrinsic 
policy.  Cases  of  necessity,  arising  from  calamities  in  a  manner 
preternatural,  will  provide  for  themselves. 

From  this  view  of  the  subject,  the  course  you  suggest  of  stay 
ing  executions  in  individual  cases  and  guarding  effectually  against 
loss  from  the  delay,  is  the  one  to  be  pursued.  A  lumping  relief, 
which  would  embrace  cases  not  within  the  reason  of  it  and  au 
thorize  expectations  so  general  as  to  threaten  bankruptcy  to  the 
treasury,  belongs  to  the  deliberations  of  those  who  make  laws, 
not  of  those  who  are  to  execute  them.  The  distress  of  the  mer 
chants  of  New  York  is  much  to  be  regretted;  the  more  so,  as  far 
as  it  is  the  effect  of  a  laudable  co-operation  of  the  banks  there 
with  the  national  system,  and  there  would  be  the  greater  pleas 
ure  in  mitigating  their  sacrifices,  if  it  were  practicable,  as  these 
involve  with  the  ruin  of  the  importing  merchants  an  increase  of 
danger  to  our  struggling  manufacturers. 

Friendly  respects, 

Mr.  DALLAS.  JAMES  MADISON. 

MONTPELIER,  July  27,  1816. 

DEAR  SIR, — I  have  received  yours  of  the  23d,  inclosing  a  letter 
from  Mr.  Baker,  with  the  draft  of  an  answer,  and  a  letter  from 
Wm.  Js.  Sears,  of  Bermuda. 

The  subject  of  Mr.  Baker's  letter  regularly  belongs  to  the  De, 
partment  of  State.  But  whether  addressed  to  the  Treasury  De 
partment  or  to  that,  ought  to  have  proceeded  from  the  minister- 
and  not  from  the  consul  otherwise  than  through  the  minister. 
From  courtesy,  which,  as  well  as  conveniency,  sometimes  takes 
the  place  of  strict  rule,  it  may  not  be  amiss  to  make  to  Mr. 
Baker  the  observations  contained  in  your  intended  answer,  with 
a  reference  to  the  usual  channel  for  such  discussions.  I  send 


466  APPENDICES. 

both  the  papers  to  Mr.  Monroe,  who,  in  speaking  with  Mr.  Bagot, 
will  lead  his  attention  to  the  diplomatic  usage. 

I  send  to  Mr.  Monroe  also  the  letter  from  Mr.  Sears.  If  our 
vessels  enjoy  in  that  island  the  same  privileges  as  in  the  Eu 
ropean  ports  of  Great  Britain,  the  claim  stated,  though  not  sup 
ported  by  the  convention,  seems  to  be  covered  by  the  general 
terms  of  the  act  of  Congress  referred  to.  I  have,  however,  but 
slightly  looked  into  the  subject,  and  the  fact  and  the  extent  of  the 
trade  allowed  to  our  vessels  at  Bermuda  ought  to  be  scrutinized. 
In  describing  the  British  dominions,  the  convention  would 
seem  to  include  Bermuda  in  the  West  Indies,  since  it  is  not  prob 
able  that  it  was  overlooked  altogether  by  both  the  American  and 
British  commissioners.  Whether  an  American  consul  will  be 
admitted  there,  is  another  point  to  be  ascertained.  This  can 
probably  be  done  at  Washington. 

Cordial  respects  and  esteem, 

Mr.  DALLAS.  JAMES  MADISON. 


DEAR  SIR, — Mr.  Jones  promised  to  communicate  to  you  a 
statement  of  the  subscriptions  to  the  Bank  of  the  United  States. 
The  deficit  will  not  be  great,  and  will  be  immediately  subscribed 
at  Philadelphia.  Mr.  Jones's  prospect  brightens.  He  is  op 
posed,  however,  by  Major  Butler,  whose  appointment  produces 
all  the  inconveniences  that  I  apprehended. 

The  treasury  circular  seems  to  be  approved  by  all  but  the 
bankers.  A  convention  of  delegates  from  the  banks  of  the  Mid 
dle  States  will  meet  here  on  the  6th  instant,  and  I  am  promised 
a  candid  and  explicit  answer. 

The  custom-house  establishment  at  Boston  has  been  purchased 
for  $29,000.  The  Baltimore  proposition  is  suspended,  as  you 
desired,  for  further  information  from  other  points.  The  site  for 
the  Philadelphia  establishment  is  ordered  to  be  purchased. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 

The  President. 
3  August,  1816. 


DEAR  SIR, — The  collector's  selection  of  a  site  and  buildings 
for  the  New  York  custom-house  is  generally  approved,  and  the 
price  deemed  moderate. 

The  inclosed  letter  from  Mr.  Derbigny  creates  an  apprehen 
sion  that  the  subscription  to  the  bank  has  not  been  opened  at 
New  Orleans.  The  commissioners  were  named  by  the  Louisiana 
members  of  Congress ;  and  as  Mr.  Brown  and  Mr.  Robertson 
are  on  the  spot,  I  hope  that  they  have  advised  Judge  Hall, 


LETTERS,  ETC.  467 

singly,  to  open  the  subscription.  There  will  probably  be  a  deficit 
in  the  subscriptions  to  the  amount  of  $2,000,000  or  $3,000,000; 
but  the  demand  for  the  shares  is  increasing1.  As  soon  as  the 
sum  required  by  law  has  been  received,  I  propose,  with  your 
approbation,  to  instruct  the  commissioners  to  provide  a  tem 
porary  establishment  for  transacting  the  business  of  the  bank, 
to  prepare  plates  and  paper  for  the  bank-notes,  and  to  make  such 
other  general  arrangements  as  will  enable  the  directors  to  com 
mence  the  operations  of  the  institution  without  delay. 

Mr.  Coles  left  Philadelphia  this  morning. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 

The  President. 
6  August,  1816. 


MONTPELIER,  August  7,  1816. 

DEAR  SIR, — Colonel  McCobb  has  just  handed  me  yours  of  the 
3d  inst.  The  recommendations  of  him  for  the  vacant  office  he 
seeks,  appear  to  be  decisive.  I  have  referred  him,  however,  to 
you  for  a  communication  of  the  result.  That  there  may  be  no 
unnecessary  delay,  I  write  by  the  present  opportunity  to  the 
Department  of  State  to  forward  immediately  a  blank  commission 
to  you,  if  there  be  one  on  hand  already  signed :  and  if  not,  to 
me  for  signature  ;  and  you  may  let  Colonel  McCobb  understand 
that  his  name  will  be  put  into  it,  unless  reasons  for  a  different 
decision  should  have  reached  you,  which  is  not  probable. 

I  have  retained  the  two  Spanish  documents  sent  by  Mr. 
McCall  for  the  information  of  the  Department  of  State.  Though 
not  of  recent  date,  they  are  very  interesting  as  authentic  keys 
to  the  cabinet  feelings  and  views  at  Madrid  towards  the  United 
States,  and  the  use  it  wishes  to  make  of  Great  Britain  against 
us.  If  such  a  treaty  exists  or  was  ever  entered  into  with  the 
latter,  as  Mr.  McCall  supposes,  a  knowledge  of  it  would  be  very 
desirable.  But  I  doubt  the  reality  of  more  than  some  informal 
understanding  on  the  subject,  and  that  perhaps  short  of  what  is 
supposed. 

It  was  hoped  at  one  time,  from  interviews  between  Mr.  Bagot 
and  the  Secretary  of  State,  that  the  former  had  powers  adequate 
to  some  satisfactory  arrangements  both  as  to  the  fisheries  and 
armaments  on  the  lakes.  The  latest,  though  not  the  final  con 
versations  between  them,  make  it  probable  that  he  can  only 
receive  propositions  for  the  consideration  of  his  government. 
Whether  he  can  even  arrest  the  progress  of  naval  equipments, 
is  more  than  doubtful. 

I  have  received  from  Captain  Jones  a  memorandum  of  the 
known  subscriptions  to  the  bank.  He  is  perfectly  confident  that 


468  APPENDICES. 

any  deficiency  will  be  supplied  instantly  in  Philadelphia.  I  am 
very  glad  to  learn  by  your  late  letter  that  his  prospect  of  being 
at  the  head  of  the  institution  had  become  favorable,  and  I  should 
calculate  that  supplemental  subscriptions  at  Philadelphia  would 
make  it  rather  more  so.  Besides  the  personal  motives  which 
make  me  wish  his  success,  I  am  persuaded  that  it  would  accord 
much  better  with  the  interests  both  of  the  bank  and  the  public 
than  any  other  applicant  in  competition  with  it. 

Accept  my  esteem  and  affectionate  respects, 

JAMES  MADISON. 
Mr.  DALLAS. 


MONTPELIER,  August  10,  1816. 

DEAR  SIR, — I  have  received  yours  of  the  6th  instant;  I  have 
approved  the  contemplated  purchase  of  a  custom-house  in  New 
York,  as  I  do  your  proposed  instructions  to  the  bank  commis 
sioners  on  the  subject  of  preparatory  arrangements.  It  is  to  be 
hoped  that  Judge  Hall  will  have  taken  the  course  you  allude  to. 
Should  he  have  failed  even  to  ascertain  the  offers  to  subscribe 
within  the  prescribed  period,  the  delay  may  be  embarrassing, 
as  New  Orleans  cannot  be  fairly  deprived  of  an  opportunity  of 
sharing  in  the  subscriptions.  The  best  expedient  that  occurs  is 
to  give  them  a  priority  in  the  supplemental  shares ;  explaining 
to  Judge  Hall  the  intentions  of  the  treasury.  Should  a  better 
course  occur  to  you,  pursue  it  without  the  delay  of  further  com 
munication  with  me  on  the  subject.  Would  it  be  amiss  to  send 
a  couple  of  blank  commissions  to  New  Orleans,  to  be  filled  by 
Judge  II.  or  some  other  functionary  on  the  spot  ? 

Friendly  respects, 

Mr.  DALLAS.  JAMES  MADISON. 


DEAR  SIR, — I  find  Mr.  Jones  so  infirm  in  body  and  mind  that 
I  feel  uneasy  to  be  longer  absent  from  Washington.  I  shall,  there 
fore,  return  next  week  to  finish  my  treasury  report  there. 

It  will  give  you  pleasure  to  learn  that  I  am  able  to  give  notice 
for  payment  of  the  treasury  notes  due  in  New  York  as  far  down 
as  the  month  of  June,  1816.  Indeed,  everything  but  the  currency 
will  be  in  good  order.  The  bank  may  be  organized  and  active 
before  January  next. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 
The  President. 
23  August,  1816. 


LETTERS,  ETC  469 

TREASURY  DEPARTMENT,  24  August,  1816, 

The  Secretary  of  the  Treasury  has  the  honor  to  submit  the 
following-  statement  to  the  consideration  of  the  President  of  the 
United  States : 

Treasury  notes  which  were  issued  under  acts  passed  prior  to 
the  act  of  the  24th  of  February,  1815,  were  payable  at  the  ex 
piration  of  a  year  from  their  respective  dates,  with  interest  at 
the  rate  of  5§  per  cent,  per  annum,  at  the  loan-offices  respect 
ively  specified  in  the  notes.  Many  of  these  treasury  notes  be 
came  due  and  remained  unpaid. 

By  the  act  of  the  24th  of  February,  1815,  it  was  declared  that 
"it  should  be  lawful  for  the  Secretary  of  the  Treasury  to  cause  to 
be  paid  the  interest  upon  the  treasury  notes  which  have  become 
due  and  remain  unpaid,  as  well  with  respect  to  the  time  elapsed 
before  they  became  due  as  with  respect  to  the  time  that  shall 
elapse  after  they  become  due,  and  until  funds  shall  be  assigned 
for  the  payment  of  the  said  treasury  notes  and  notice  thereof 
shall  be  given." 

On  the  loth  and  22d  of  June,  1815,  notice  was  given  that 
funds  were  assigned  for  the  payment  of  treasury  note_s  due  and 
becoming  due  at  all  the  loan-offices  except  those  of  Massachusetts 
and  New  York.  The  funds  assigned  consisted  of  bank-notes, 
the  local  currency  at  the  respective  places  of  payment  being  the 
only  funds  possessed  by  the  treasury. 

Many  of  the  holders  of  treasury  notes  have  refused  to  accept 
the  payment  thus  offered.  And  it  appears  from  a  communica 
tion  made  by  the  collector  of  Portsmouth,  in  New  Hampshire 
(which  accompanies  this  statement),  that  "  a  treasury  note  for 
$1000  payable  in  Philadelphia,  dated  on  the  1st  of  August,  1814, 
was  tendered  to  him  in  payment  of  a  bond  for  $1109  95,  being 
the  amount  of  said  note,  with  interest  from  the  date  to  the  time 
of  the  tender."  This  note  was  provided  for  under  the  treasury 
notices  of  June,  1815.  And  the  tender  is  now  made  with  a  view 
to  try  the  general  question  whether  the  assignment  of  bank-notes 
is  the  assignment  of  a  lawful  fund  for  payment,  in  consequence 
of  which  the  interest  on  the  treasury  notes  shall  cease  to  run. 

The  collector  and  the  district  attorney  request  that  they  may 
receive  the  instructions  of  the  government  upon  the  occasion  ; 
and  the  Secretary  of  the  Treasury  respectfully  submits  the  ex 
pediency  of  instructing  them  to  proceed  as  if  no  tender  had  been 
made. 

A.  J.  DALLAS,  Secretary  of  the  Treasury. 


MONTPELIKR,  August  25,  1816. 

DEAR  SIR, — Since  the  receipt  of  your  several  letters  relating 
to  the  treasury  proposition  and  the  decision  of  bank  deputies  at 


470  APPENDICES. 

Philadelphia,  my  thoughts  have  been  duly  turned  to  the  im 
portant  and  perplexing  subject. 

Although  there  may  be  no  propriety  in  recalling  the  propo 
sition,  it  seems  now  certain  that  it  will  fail  of  its  effect.  Should 
the  banks  not  represented  at  Philadelphia  come  into  the  measure, 
the  refusal  of  those  represented  would  be  fatal.  The  want  of  a 
medium  for  taxes  in  a  single  State  would  be  a  serious  difficulty. 
So  extensive  a  want  would  forbid  at  once  an  enforcement  of  the 
proposition. 

The  banks  feel  their  present  importance  and  seem  more  dis 
posed  to  turn  it  to  their  own  profit  than  to  the  public  good  and 
the  views  of  the  government.  Without  their  co-operation  it  does 
not  appear  that  any  immediate  relief  can  be  applied  to  the  em 
barrassments  of  the  treasury  or  of  the  currency.  This  co-opera 
tion  they  refuse.  Can  they  be  coerced  ? 

Should  the  State  legislatures  unite  in  the  means  within  their 
power  the  object  may  be  attained.  But  this  is  scarcely  to  be 
expected,  and  in  point  of  time  is  too  remote. 

The  national  bank  must  for  a  time  at  least  be  on  the  defensive. 

The  interposition  of  Congress  remains,  and  we  may  hope  the 
best  as  to  a  vigorous  use  of  it.  But  there  is  danger  that  the  in 
fluence  of  the  local  banks  may  reach  even  that  resource.  Should 
this  not  be  the  case,  the  remedy  is  future,  not  immediate. 

The  question  then  before  us  is,  whether  any  and  what  further 
expedients  lie  with  the  executive. 

Although  we  have  satisfied,  by  what  has  been  already  at 
tempted,  our  legal  responsibility,  it  would  be  still  incumbent  on 
us  to  make  further  experiments  if  any  promising  ones  can  be 
devised.  If  there  be  such,  I  have  full  confidence  that  they  will 
enter  into  your  views  of  the  subject. 

One  only  occurs  to  me,  and  I  mention  it  because  no  other  does, 
not  because  I  regard  it  as  free  from  objections  which  may  be 
deemed  conclusive. 

The  notes  on  the  treasury  might  be  presented  to  the  banks 
respectively  with  a  demand  of  the  specie  due  on  the  face  of  them. 
On  refusal,  suits  might  be  immediately  instituted,  not  with  a  view 
to  proceed  to  execution,  but  to  establish  a  claim  to  interest  from 
the  date  of  the  demand.  The  notes  thus  bearing  interest  being 
kept  in  hand,  treasury  notes  bearing  interest  might  be  issued  in 
payments  from  the  treasury,  and  so  far  injustice  to  the  several 
classes  of  creditors  might  be  lessened,  whilst  a  check  would  be 
given  to  the  unjust  career  of  the  banks. 

Such  a  proceeding  ought  to  be  supported  by  the  stockholders, 
the  army,  the  navy,  and  all  the  disinterested  and  well-informed 
part  of  the  community.  The  clamor  against  it  would  be  from 
the  banks  and  those  having  interested  connections  with  them, 
supported  by  the  honest  part  of  the  community  misled  by  their 


LETTERS,  ETC.  471 

fallacies.     And  the  probability  is  but  too  great  that  the  clamor 
would  be  overwhelming. 

I  do  not  take  into  view  the  expedient  of  requiring  a  payment 
of  the  impost  in  specie,  in  part  at  least,  because  it  could  not  be 
extended  to  the  other  taxes,  and  would  in  that  respect  as  well  as 
otherwise  be  a  measure  too  delicate  for  the  executive  authority ; 
nor  could  its  effect  be  in  time  for  any  very  early  purpose. 

I  have  been  led  by  the  tenor  of  your  letters  to  put  on  paper 
these  observations.  The  report  you  are  preparing  will  doubtless 
enlighten  my  view  of  the  whole  subject. 

Friendly  respects, 

Mr.  DALLAS.  JAMES  MADISON. 


DEAR  SIR, — It  appears  that  Dr.  Fiord  returned  to  New 
Orleans  on  the  3d  of  July,  and  that  the  bank  subscriptions  were 
opened.  The  amount  is  not  expected  to  exceed  $300,000  at 
that  place.  The  general  deficit  will  probably  be  $3,000,000,  but 
it  will  be  immediately  supplied  by  companies  already  formed. 
Mr.  Grirard  alone  will  take  $1,000,000,  if  he  can  obtain  that 
sum. 

I  am  anxious  to  receive  your  sentiments  upon  the  expediency 
of  persevering  in  the  treasury  proposition  for  commencing  coin 
payments  of  small  bank-notes  on  the  1st  of  October.  I  think 
the  banks  here  would  be  obliged  to  acquiesce.  There  is  a  danger, 
however,  of  a  failure  of  current  means  of  paying  taxes  in  the 
interior ;  and  the  merchants  would  be  glad,  at  this  crisis,  to  seize 
any  pretence  for  refusing  to  pay  their  bonds. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 

The  President. 


DEAR  SIR, — The  bank  subscription  is  filled.  The  deficit  of  the 
general  returns  ($3,000,000)  was  taken  by  Mr.  Grirard  in  a  single 
line,  to  the  great  disappointment  of  the  brokers  and  speculators. 
I  congratulate  you  upon  this  event.  There  is  little  doubt  of  the 
organization  of  the  bank  being  Republican,  and  friendly  to  the 
government. 

The  Cumberland  Road  presents  new  embarrassments ;  and  I 
shall  have  occasion  to  trouble  you  upon  the  subject  as  soon  as  I 
reach  Washington,  which  will  probably  be  on  Sunday  next. 
I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 
The  President. 
27  August,  1816. 


472  APPENDICES. 

DEAR  SIR, — I  inclose  Mr.  Hassler's  letter  respecting  a  site  for 
the  observatory.  The  recommendation  of  the  ground  selected 
is  very  strong ;  but  it  requires  consideration  whether  the  au 
thority  is  sufficient  for  purchasing  that  portion  of  it  which  does 
not  belong  to  the  public.  The  appropriation  is  adequate,  regard 
ing  it  as  an  incident  to  the  survey  of  the  coast.  I  have  requested 
from  Mr.  Monroe  and  Colonel  Lane  an  estimate  of  the  price  of 
the  lot  and  the  cost  of  the  building,  which  shall  be  forwarded  to 
you  as  soon  as  I  receive  it. 

Mr.  Jones  has  just  sent  me  the  inclosed  note,  which  will  give 
you  a  general  idea  of  the  progress  of  the  bank  subscription.  The 
institution  is  becoming  every  day  more  popular;  and  the  uni 
versal  expectation,  that  it  is  the  only  remedy  for  the  disordered 
currency,  must  essentially  contribute  to  make  it  effectual. 

I  am,  dear  sir,  most  respectfully  and  faithfully  your  obedient 
servant, 

A.  J.  DALLAS. 

The  President, 


MONTPELTER,  September  6,  1816. 

DEAR  SIR, — I  return  the  answers  of  the  banks  to  the  treasury 
proposition.  Some  of  them,  I  observe,  are  sore  at  the  idea  of 
their  yielding  to  the  temptation  of  gain,  in  prolonging  the  refusal 
to  resume  specie  payments.  The  best  mode  of  repelling  ttfe  sus 
picion  would  be  to  dispose  of  their  public  stock,  and  thus  reduce 
their  dividends.  Whilst  they  refuse  to  co-operate  with  the  treas 
ury,  that  circumstance  will  justify  it  in  not  persisting  in  efforts 
to  anticipate  the  epoch  fixed  by  Congress  for  a  general  reform ; 
and  an  adherence  to  that  epoch  cannot  be  declined,  unless  Con 
gress  should  themselves  give  way.  That  great  exertions  will  be 
used  to  overcome  their  firmness,  and  to  substitute  the  epoch 
(July  next)  fixed  by  the  banks,  cannot  be  doubted;  and  the  suc 
cess  of  these  exertions  is  not  a  little  to  be  apprehended,  unless 
the  national  bank  can  acquire  an  activity  that  will  enfeeble  the 
pleas  of  the  State  banks,  and  fortify  the  good  dispositions  in  that 
body.  This  may  be  hoped  for  ;  and  the  hope  is  strengthened 
by  the  general  views  you  present  of  the  fiscal  condition  of  the 
United  States,  which  cannot  fail  to  be  grateful  and  encouraging 
to  the  nation. 

The  proposition  of  Mr.  Carroll  is  a  handsome  one.  It  may 
lie  over,  however,  for  the  meeting  of  Congress,  or  at  least  till 
our  reassembling  at  Washington.  The  sufficiency  of  the  offer,  to 
say  nothing  of  the  authority  to  accept  it,  cannot  be  judged  of 
without  knowing  how  far  it  embraces  the  ground  considered  by 
Mr.  Hassler  as  essential,  or  what  effect  it  may  have  on  the 
owners  of  the  residue. 


LETTERS,  ETC.  473 

I  have  not  departed  from  the  course  intimated  to  you  for  filling 
the  vacancy  which  your  determination  to  retire  will  produce  at 
a  day  not  very  distant.  Mr.  Crawford  signified,  lately,  his  ac 
quiescence  in  the  proposition  made  to  him,  and  I  have  written  to 
Mr.  Clay  in  consequence  of  it.  As  soon  as  I  receive  his  answer, 
you  shall  be  made  acquainted  with  it. 

Accept  my  great  esteem  and  cordial  regards, 

JAMES  MADISON. 
Mr.  DALLAS. 


DEAR  SIR, — When  the  report  first  reached  me  that  Mr.  Shel 
don  was  going  to  Europe,  I  felt  some  solicitude  that  he  should 
not  go  before  the  treasurer's  accounts  were  stated  and  settled ; 
and  I  released  him  from  all  the  other  duties  of  the  office  that  he 
might  attend  exclusively  to  that  object.  I  certainly  felt  no 
objection,  generally,  to  his  departure,  as  his  health  really  required 
some  relaxation  from  business ;  nor  was  I  at  all  disposed  to  de 
prive  him  of  the  benefit  of  Mr.  Gallatin's  patronage;  but,  if  I 
had  been  apprised  of  your  decision  to  nominate  him  as  secretary 
of  legation,  it  would  have  been  my  duty  to  recommend  a  stipula 
tion  that  he  should  not  leave  the  office  until  he  had  executed  the 
special  trust  which  belonged  peculiarly  to  him.  I  mention  these 
circumstances  merely  to  introduce  the  inclosed  note  from  the 
treasurer  on  the  subject  of  his  accounts,  and  my  answer.  The 
clerks  are  not  familiar  with  this  part  of  our  business ;  and  one 
of  them,  who  has  been  charged  with  it,  in  consequence  of  Mr. 
Sheldon's  resignation,  has  not,  I  fear,  a  conciliatory  temper  or 
habits  of  mind  suited  to  the  task.  Everything  that  can  be  done 
shall  be  done  to  recover  our  leeway.  It  is  proper  to  add  that 
the  aid  derived  by  the  treasurer  from  the  secretary's  office  is  an 
affair  of  usage  and  comity,  not  of  legal  obligation  under  the  acts 
of  Congress.  The  law  requires  the  treasurer  to  render  and  settle 
his  own  accounts. 

This  opportunity  is  taken  to  transmit  a  letter  from  Mr.  Robert 
son,  recommending  the  removal  of  Mr.  Du  Plessis,  and  the  ap 
pointment  of  Mr.  Beverly  Chew.  There  is  something  in  the 
terms  of  recommending  Mr.  Chew  which  merits  reflection.  He 
is  an  honest  man,  but  he  is  insolvent,  or  so  I  infer  from  Mr. 
Robertson's  language. 

Commodore  Porter  has  written  a  letter  offering  a  site  on  Meri 
dian  Hill  (his  late  purchase)  for  an  observatory.  The  terms  of  the 
offer  are  reasonable ;  but  I  have  answered  that  the  establishment 
of  an  observatory  is  postponed  until  the  meeting  of  Congress;  that 
another  site  had  been  selected  by  Mr.  Hassler ;  and  that  Mr.  Car 
roll  had  offered  to  sell,  or  give,  it  to  the  government ;  but,  I  added, 
that  his  letter  would  be  submitted  to  you,  and  duly  considered. 

31 


474  APPENDICES. 

The  pressure  of  business  has  continued  throughout  the  sum 
mer;  and  I  approach  the  termination  of  my  official  life  with  a 
solicitude  of  which  my  affectionate  attachment  to  you  is  the 
source.  I  hope,  however,  to  leave  the  department  in  a  situation 
of  less  difficulty  to  my  successor  than  could  well  have  been  ex 
pected  ;  and  the  report  (which  is  copying)  will  give  him  all  the 
general  views  that  are  necessary  to  guide  him  in  the  commence 
ment  of  his  labors.  Of  myself,  I  can  only  speak  with  care  and 
doubt,  when  I  reflect  upon  the  effect  of  two  years'  absence  from 
the  bar,  to  obstruct  and  embarrass  my  return  ;  but  when  you 
mentioned  my  determination  to  retire  from  the  treasury,  I  am 
sure  you  would  account  for  that  determination  from  the  necessity 
of  changing  my  situation  for  the  sake  of  my  family,  or  from  any 
other  cause,  rather  than  from  an  indisposition  to  remain  with 
you. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 

The  President. 
11  September,  1816. 


MONTPELIJER,  September  15,  1816. 

BEAR  SIR, — I  have  duly  received  yours  of  the  llth.  The 
difficulty  which  gave  rise  to  the  letter  from  the  treasurer  is  much 
to  be  regretted,  and  the  regret  is  increased  by  the  cause  of  it. 
The  condition  at  which  you  glance  would  have  been  justly  im 
posed  on  Mr.  Sheldon.  His  nomination  to  the  Senate  was  post 
poned  to  what  was  considered  as  the  latest  date,  with  reference, 
in  part  at  least,  to  a  protraction  of  his  duties  in  the  treasury, 
and  was  made  under  the  impression  that  the  intention  was  not 
unknown.  Your  answer  to  Dr.  Tucker,  and  instruction  to  Mr. 
Taylor,  are  certainly  the  best  remedy  that  the  case  admits  of.  I 
sincerely  wish  it  may  terminate  the  adventitious  trouble  thrown 
on  you. 

The  favorable  report  of  the  comptroller  on  the  accounts  of  Mr. 
Du  Plessis,  with  the  pecuniary  situation  of  Mr.  Chew,  hinted  in 
the  recommendation  of  him  by  Mr.  Robertson,  will  justify  a 
pause  on  our  part — perhaps  till  the  meeting  of  Congress. 

The  offer  of  Commodore  Porter  may  lie  over  for  a  comparison 
with  other  sites  for  an  observatory.  Your  answer  to  him  was 
the  proper  one. 

I  have  not  yet  heard  from  Mr.  Clay.  Should  he  decline  the 
proposal  made  to  him,  the  delicate  considerations  attending  a 
completion  of  the  cabinet  will  not  be  at  an  end.  Whatever  may 
be  the  final  arrangement,  .1  hope  you  will  be  persuaded  that  I 
have  never  contemplated  your  purpose  of  retiring  from  the 
Treasury  Department  without  doing  justice  to  your  motives,  or 


LETTERS,  ETG.  475 

without  recollecting  the  great  private  sacrifices  involved  in  your 
acceptance  of  and  continuance  in  that  important  public  trust ; 
that  I  feel  with  full  force  the  expressions  in  your  letter  which  are 
personal  to  myself,  and  that  1  take  a  sincere  interest  in  what 
may  relate  to  your  future  welfare  and  happiness. 

If  there  be  no  objection  within  the  knowledge  of  the  Treasury 
Department  to  a  pardon  of  Augustus  Johnson,  whose  petition  is 
inclosed,  be  so  good  as  to  have  one  made  out. 

I  took  the  liberty  of  requesting,  through  Mr.  Rush,  the  atten 
tion  of  yourself  and  the  other  members  of  the  cabinet  at  Wash 
ington  to  the  difficulties  arising  in  the  business  superintended  by 
Colonel  Lane,  who  thought,  with  me,  that  a  decision  on  them 
could  be  better  formed  on  the  spot  than  by  myself  at  this  dis 
tance.  I  have  just  received  the  inclosed  letter  from  the  librarian, 
which  presents  a  new  one.  Between  the  alternatives  of  a  tem 
porary  building  and  a  continuance  of  the  library  where  it  is,  the 
option  seems  to  be  prescribed  by  a  want  of  legislative  provision 
for  the  former.  Will  you  be  so  good  as  to  obtain  from  Colonel 
Lane  a  full  view  of  the  case,  and  to  decide  on  it  as  may  be  found 
best  by  yourself  and  the  other  gentlemen  ?  Mr.  Watterston  is 
informed  of  this  reference  of  the  subject. 

We  have  had  a  profusion  of  rain,  after  an  unexampled  drought. 
It  will  be  of  great  benefit  to  farmers  and  planters  in  several 
respects  ;  but  it  is  too  late  to  have  any  material  effect  on  the 
crops  of  Indian  corn,  the  great  esculent  staple  in  this  country, 
and  its  excess  gives  it  a  bad  as  well  as  a  good  effect  on  tobacco, 
the  other  important  crop  at  stake.  This  is  the  tenth  day  since  I 
have  been  able  to  communicate  with  Mr.  Monroe,  who  is  sepa 
rated  from  me  by  a  branch  of  James  River.  The  interruption, 
however,  has  been  prolonged  by  the  want  of  exertion  in  the 
mail-carrier. 

Accept  my  esteem  and  affectionate  respects, 

JAMES  MADISON. 

Mr.  DALLAS. 


DEAR  SIR, — The  inclosed  sketch  will  give  you  a  general  view 
of  the  finances.  The  item  of  floating  debt  is  left  open  until  Mr. 
Nourse,  the  register,  returns,  that  the  amount  of  treasury  notes 
absorbed  by  the  payments  for  duties  and  taxes  may  be  precisely 
ascertained.  It  is  very  great,  and  may  be  estimated  by  the 
statement  which  reduces  the  outstanding  treasury  notes  to 
something  like  $6,000,000. 

The  actual  receipts  for  revenue  cannot,  I  think,  fall  short  of 
$60,000,000  from  January  to  December,  1816,  including  the 
receipts  from  the  old  as  well  as  the  new  rates  of  duty  and  taxes. 

Be  so  good  as  to  return  the  report  that  the  blanks  may  be 


476  APPENDICES. 

filled.     If  there  are  any  points  on  which  you  wish  further  in 
formation,  I  will  thank  you  to  note  them. 

There  is  not  any  business  to  detain  me  here  except  the  busi 
ness  of  signing-  the  warrants  for  the  October  quarter;  but  that 
can  be  done  at  Philadelphia,  where  I  will  continue  to  transact 
the  routine  until  you  tell  me  that  you  are  perfectly  prepared  to 
dispense  with  my  services.  I  propose  leaving  Washington  on 
this  day  week,  the  28th  of  September. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 
The  President. 
21  Sept.,  1816. 


Sept   27,  1816. 

DEAR  SIR, — I  have  received  with  your  two  letters  of  the  20th 
and  21st  the  general  sketch  of  the  finances  to  which  they  refer. 
That  of  the  25th  has  also  just  come  to  hand.  I  return  the 
sketch  under  an  address  to  Washington,  passing  it  through  the 
hands  of  Mr  Crawford  with  a  request  that  he  would  hasten  it  to 
the  department. 

The  document  embraces  all  the  points  occurring  to  me  as 
requisite  to  be  touched,  and  contains  so  many  gratifying  features 
that  it  cannot  fail  to  engage  the  favorable  attention  of  the  public 
to  the  ability  and  success  with  which  the  fiscal  business  has  been 
conducted  through  the  labyrinth  into  which  it  had  been  forced. 
The  facts  stated  in  your  letter  of  the  25th  present  an  ad 
ditional  prospect  extremely  grateful  in  several  views,  and  partic 
ularly  as  bearing  testimony  to  the  auspicious  course  which  the 
treasury  has  pursued. 

Mr.  Clay  declines  the  War  Department.  The  task  now  to  be 
fulfilled  is  not  without  its  delicacies,  as  you  know.  I  shall  avail 
myself  of  a  conversation  with  Mr.  Monroe,  which  his  journey 
back  to  Washington  will  afford  me  in  a  day  or  t\vo.  I  could 
wish  for  a  similar  opportunity  with  others  whose  sentiments 
would  be  valuable  on  the  occasion.  I  thank  you  for  your  kind 
ness  in  continuing  the  routine  of  business,  and  regret  that  I  can 
not  more  promptly  exonerate  you  from  the  trouble  it  imposes, 
You  will  hear  from  me  again  on  the  subject  the  moment  1  have 
anything  to  impart. 

Accept  my  esteem  and  cordial  regards, 

JAMES  MADISON. 


DEAR  SIR, — I  have  just  received  yours  of  the  1st  instant,  and 
anxiously  hope  that  this  will  find  you  perfectly  recovered  from 
your  indisposition  and  in  the  bosom  of  your  family  in  Philadel- 


LETTERS,  ETC.  477 

phia.  I  repeat  my  thanks  for  the  kind  attention  you  offer  to  the 
routine  of  the  treasury  business,  from  which  I  calculate  on  your 
being  speedily  released.  I  have  written  to  Mr.  Lowndes  on  the 
vacancy  approaching  in  the  War  Department,  and  invited  him 
to  accept  it,  and  have  apprised  Mr.  Crawford  of  this  step,  with 
an  intimation  of  the  expediency  of  his  assuming  the  Treasury 
Department  as  soon  as  he  can  make  it  convenient  to  do  so. 

I  propose  to  set  out  for  Washington  on  Monday,  and  expect  to 
be  there  by  the  middle  of  the  week.  Mr.  Monroe  is  now  with 
ine,  and  will  probably  be  a  day  or  two  before  me. 

Be  assured,  my  dear  sir,  of  my  best  regards, 

Mr.  DALLAS.  JAMES  MADISON. 


DEAR  SIR, — Colonel  Lane  seems  to  think  that  the  librarian 
has  been  too  officious  in  making  his  communication  to  you  ;  and 
agrees  that  there  ought  not  to  be  a  change  in  the  situation  of  the 
library  until  Congress  shall  decide  upon  it.  This  is  also  the 
opinion  of  Mr.  Crawford  and  Mr.  Rush. 

We  have  met  on  Colonel  Jessup's  letter,  and  Mr.  Crawford 
will  communicate  our  general  views  upon  the  subject.  The 
colonel  does  not  appear  in  character.  His  letter  is  wanting  in 
judgment  and  discretion.  It  is  impossible  to  admit  that  any 
officer,  civil  or  military,  can  become  the  depositary  of  a  secret 
which  involves  either  treason  or  invasion  under  a  promise  not 
to  reveal  it  to  his  government.  The  Havana  enterprise  is  ex 
travagant,  and  the  scheme  of  seizing  suspected  traitors  without 
the  interposition  of  the  judicial  power,  should,  I  think,  be  con 
demned.  As  to  the  rest,  notice  should  so  far  be  taken  of  the  in 
telligence  as  to  set  the  Departments  of  War  and  Navy  and  the 
judicial  officers  in  motion  for  prompt  defensive  operations. 

We  have  also  met  on  the  question  raised  by  Mr.  Crawford  in 
the  case  of  the  captive  Indian  agent.  Upon  every  view  of  it 
we  could  not  bring  it,  with  any  law  or  principle,  to  authorize  the 
payment  of  any  compensation  during  the  period  of  captivity. 

I  was  in  hopes  to  have  heard  from  you  by  this  day's  mail,  as 
the  newspapers  mention  that  you  will  return  to  Washington  on 
the  1st  of  October.  My  departure  from  it  will  be  deferred  on 
account  of  the  absence  of  Mr.  Jones,  the  chief  clerk,  whose 
health  required  the  benefit  of  a  journey. 

I  am,  dear  sir,  most  respectfully  and  faithfully  yours, 

A.  J.  DALLAS. 

The  President. 
27  Sept.,  1816. 


4T8  APPENDICES. 

WASHINGTON,  Oct.  15,  1816. 

DEAR  SIR, — It  being  finally  arranged  that  Mr.  Crawford  will 
enter  the  Treasury  Department  on  Monday  next,  I  lose  no  time 
in  apprising  you  of  the  day  on  which  the  requisition  on  your 
kind  and  protracted  attention  to  its  duties  will  be  at  an  "end. 
The  letter  offering  the  War  Department  to  Mr.  Lowndes  having 
been  sent  to  New  York,  missed  him  altogether;  and  it  un 
luckily  happened  that  he  set  out  after  his  return  to  Washington 
before  I  had  an  opportunity  of  communicating  with  him.  A 
letter  will  follow  him,  with  a  chance  of  overtaking  him  before  he 
reaches  Charleston,  but  will  probably  not  arrest  his  journey 
should  the  object  of  it  be  acceptable  to  him. 

I  thank  you  very  much,  my  dear  sir,  for  the  friendly  offers  in 
your  favor  of  the  5th  instant,  and  1  renew  all  my  acknowledg 
ments  and  assurances  with  respect  to  the  past  services  for  which 
I  am  personally  indebted  as  well  as  our  country,  which  is  enjoy 
ing  and  awaiting  the  beneficial  fruits  of  them.  Accept  my  high 
esteem  and  my  cordial  salutations, 

JAMES  MADISON. 

Nothing  has  occurred  diminishing  the  improbability  of  Colonel 
Jessup's  intelligence.  You  will  have  noticed  the  occurrence  in 
the  Gulf  of  Mexico,  which  is  producing  considerable  sensation. 
We  are  not  able  to  appreciate  all  its  circumstances,  but  it  is  diffi 
cult  to  believe  that  the  conduct  of  the  Spanish  squadron  is  to 
be  ascribed  to  hostile  orders  from  Madrid. 

Mr.  DALLAS. 


DEAR  SIR, — The  President  informs  me  that  you  enter  the 
treasury  on  Monday.  I  hasten  to  express  my  sincere  wish  that 
you  may  enjoy  honor,  health,  and  happiness  in  the  station.  If 
in  any  way  you  think  my  experience  can  be  serviceable,  you  can 
not  oblige  me  more  than  to  draw  freely  upon  it. 

Permit  me  to  take  this  opportunity  of  mentioning  the  clerks 
in  the  secretary's  office  : 

Mr.  Jones  merits  consideration  for  his  long  and  faithful  ser 
vices. 

Mr.  Anthony  is  possessed  of  very  useful  information  in  several 
branches  of  the  duty  of  the  office,  and  I  am  satisfied  with  his 
diligence  and  fidelity. 

Mr.  Fox  is  the  son  of  a  friend  in  Philadelphia,  and  will  make 
an  excellent  assistant.  He  is  intelligent,  assiduous,  and  correct 
in  his  deportment. 

Mr.  McKean  is  the  son  of  the  late  attorney-general,  and  the 
grandson  of  Governor  McKean.  His  talents,  application,  man 
ners,  and  morals  will  recommend  him  to  your  attention. 


LET  TEES,  ETC.  479 

Mr.  Dungan  was  highly  recommended,  is  possessed  of  very 
useful  talents,  and  will  soon  master  the  whole  routine  of  office. 

Mr.  Gibson  is  related  to  Governor  Wright,  and  was  received 
as  a  clerk  upon  the  governor's  application.  He  is  industrious 
and  capable. 

Mr.  Taylor, — but  the  conduct  of  this  clerk  has  been  such  as  to 
render  it  painful  to  speak  of  him,  and  I  will  leave  his  character 
and  capacity  to  develop  themselves. 

In  the  fortunes  of  Messrs.  McKean  and  Fox  I  take  a  personal 
interest,  and  beg  you  to  patronize  them,  as  well  to  oblige  me  as 
to  reward  their  own  merit. 

I  am,  dear  sir,  with  sincere  respect  and  esteem,  your  most  obe 
dient  servant, 

A.  J.  DALLAS. 

Honorable  W.  H.  CRAWFORD. 
18  Oct.,  1816. 


DEAR  SIR, — I  have  received  yours  of  the  27th.  Finding  that 
you  have  been  detained  at  Washington,  I  regret  the  more  my 
detention  here.  I  dropped  you  a  few  lines  on  the  supposition 
that  you  had  proceeded  to  Philadelphia,  addressing  at  the  same 
time  your  reported  view  of  our  finances  to  Washington,  and  pass 
ing  it  through  the  hands  of  Mr.  Crawford  as  preparing  him  for 
his  new  and  arduous  trust.  Mr.  Monroe  has  not  yet  arrived  on 
his  way  to  the  seat  of  government,  and  I  cannot  well  fix  the  day 
for  setting  out  thither  till  I  see  him.  I  am  hastening  my  prep 
arations  as  much  as  possible,  but  fear  I  shall  not  be  able  to 
wind  up  some  necessary  business  before  the  last  of  the  week, 
possibly  not  before  Monday.  I  do  not  count  on  finding  you 
there,  or  it  would  be  an  additional  stimulus  to  my  exertions. 
Much,  indeed,  as  I  should  be  gratified  in  seeing  you,  it  would  be 
unreasonable  to  desire  such  a  protraction  of  your  detention.  I 
recollect  that  you  spoke  of  the  llth  of  October,  or  thereabouts, 
as  an  epoch  in  your  private  business  to  which  a  transfer  of  your 
attention  is  now  so  fully  duet  and  I  hope  will  without  scruple  be 
decided  on. 

I  mentioned  to  you  that  Mr.  Clay  had  declined  the  executive 
station  offered  to  him.  Although  Mr.  Lowndes  has  had  no 
opportunity  of  disclosing  particular  qualifications  for  that  depart 
ment,  his  general  talents  and  standing  with  the  nation  turn  my 
thoughts  strongly  towards  him.  I  shall  speak  more  fully  on  the 
subject  with  Mr.  Monroe,  who  will  carry  to  Washington  the  final 
determination,  positive,  or  subject  to  consultation  on  his  arrival 
there.  It  appears  as  eligible  in  itself,  as  consonant  with  the 
opinion  entertained  of  Mr.  Lowndes  by  the  public,  that  he  should 
have  a  place  in  the  cabinet. 


480  APPENDICES. 

A  letter  from  Mr.  Ewing,  of  the  last  of  July,  describes  the 
situation  of  Spain  as  utterly  incompatible  with  offensive  hostili 
ties  against  us.  Precautionary  measures,  as  far  at  least  as  they 
will  avoid  expense  and  public  excitement,  are,  notwithstanding, 
suggested  by  the  possible  freaks  of  the  cabinet  of  Madrid  and 
the  sort  of  responsibility  which  Colonel  Jessup  has  thrown 
upon  us. 

Be  assured  of  my  great  esteem  and  my  cordial  regards, 

JAMES  MADISON. 

Mr.  DALLAS. 


WASHINGTON,  November  11,  1816. 

DEAR  SIR, — The  approaching  meeting  of  Congress  requires 
that  I  should  be  making  preparation  for  the  event.  The  para 
graph  relating  to  the  finances  will  be  a  very  important,  and, 
happily,  a  very  pleasing  one.  Persuaded  that  your  peculiar 
familiarity  with  the  subject  is  as  yet  little  impaired,  I  am  tempted 
by  your  experienced  kindness  to  intrude  so  far  on  moments  be 
longing  to  other  objects  as  to  request  from  your  pen  a  prospectus 
of  the  receipts  and  expenditures  of  the  fiscal  year,  with  the 
balance  in  the  treasury,  and  a  notice  of  the  public  debt  at  its 
latest  liquidation. 

The  statement  may  be  the  more  brief,  as  I  wish  to  refer  to 
your  "  Sketches"  as  an  accompanying  document;  which  cannot 
fail  to  be  acceptable  to  Congress,  useful  to  the  public,  and  honor 
able  under  every  aspect.  It  occurs,  however,  that  if  thus  used, 
one  or  two  of  the  topics  at  its  close  may  be  criticised  as  not  ex 
actly  within  the  scope  of  a  report  from  the  particular  department 
of  the  treasury,  if  not  construable  in  a  latitude  not  covered  by 
the  constitution.  The  remarks  of  either  kind  can  be  easily 
guarded  against. 

Although  I  presume  you  possess  a  copy  of  the  Sketches,  I 
inclose  the  original  draft,  that  there  may  be  no  danger  of  needless 
delay,  or  trouble  to  you,  in  the  task  I  am  imposing. 

Be  pleased  to  accept,  with  my  particular  respects  to  Mrs. 
Dallas,  my  esteem  and  best  regards, 

JAMES  MADISON. 

Mr.  DALLAS. 


DEAR  SIR, — An  oppressive  attention  to  the  business  of  the 
court  has  prevented  my  making  the  inclosed  draft  earlier;  and  I 
send  it  now  in  a  very  rough  state,  rather  than  lose  a  mail  for  the 
purpose  of  copying  it. 

I  could  not  venture  to  fill  the  blank  in  the  second  page;  but 
the  figures  will  be  supplied  in  a  moment  by  the  Register,  upon 


LETTERS,  ETC.  481 

a  question, — what  will  be  the  aggregate  of  the  public  funded 
debt  after  the  dividend  of  the  1st  of  January  has  been  paid, 
including  the  debt  both  before  and  since  the  late  war  ? 

My  object  has  been  to  be  concise  and  general.     I  feel  the  full 
responsibility  of  using  language  which  is  to  be  ascribed  to  you. 
I  am,  dear  sir,  most  affectionately  and  respectfully  yours, 

A.  J.  DALLAS. 
The  President. 
20  November,  1816. 

In  directing  the  legislative  attention  to  the  state  of  the  finances 
it  is  a  subject  of  great  gratification  to  find  that  even  within 
the  short  period  which  has  elapsed  since  the  return  of  peace  the 
revenue  has  far  exceeded  the  amount  of  all  the  current  demands 
upon  the  treasury  ;  and  that  under  any  probable  diminution  of  its 
future  annual  product  which  the  vicissitudes  of  commerce  may 
occasion,  it  will  afford  an  ample  fund  for  the  effectual  and  early 
extinguishment  of  the  whole  of  the  public  debt.  It  has  been 
estimated  that  during  the  year  1816  the  actual  receipts  of  reve 
nue  at  the  treasury,  including  the  balance  on  deposit  at  the  com 
mencement  of  the  year  and  excluding  the  proceeds  of  loans  and 
treasury  notes,  will  amount  to  about  the  sum  of  $4*7,000,000  ; 
that  during  the  same  year  the  actual  payments  at  the  treasury, 
including  the  payment  of  the  arrearages  of  the  War  Department 
as  well  as  the  payment  of  a  considerable  excess  beyond  the  an 
nual  appropriation,  will  amount  to  about  the  sum  of  $38,000,000  ; 
and  that,  consequently,  at  the  close  of  the  year  there  will  be  a 
surplus  in  the  treasury  of  about  the  sum  of  $9,000,000. 

The  operations  of  the  treasury  continue  to  be  obstructed  by 
difficulties  arising  from  the  condition  of  the  national  currency; 
but  they  have  nevertheless  been  effectual  to  a  beneficial  extent 
in  the  reduction  of  the  public  debt  and  the  establishment  of  the 
public  credit.  The  floating  debt  of  treasury  notes  and  temporary 
loans  will  soon  be  entirely  discharged.  The  aggregate  of  the 
funded  debt,  composed  of  the  debts  incurred  for  the  wars  of  1776 
and  1812,  has  been  estimated,  with  reference  to  the  1st  of  Janu 
ary  next,  at  $109,283,485  35.  The  ordinary  annual  expenses  of 
the  government  for  the  maintenance  of  all  its  institutions,  civil, 
military,  and  naval,  have  been  estimated  at  a  sum  less  than 
$20,000,000.  And  the  permanent  revenue  to  be  derived  from  all 
the  existing  sources  has  been  estimated  at  a  sum  of  about 
$25,000,000. 

Upon  this  general  view  of  the  subject  it  is  obvious  that  there 
is  only  wanting  to  the  fiscal  prosperity  of  the  government  the 
restoration  of  anuniform  medium  of  exchange.  The  resources 
and  the  faith  of  the  nation,  displayed  in  the  system  which  Con 
gress  has  established,  insure  respect  and  confidence  both  at  home 


482  APPENDICES. 

and  abroad.  The  local  accumulations  of  the  revenue  have  al 
ready  enabled  the  treasury  to  meet  the  public  engagements  in 
the  local  currency  of  most  of  the  States,  and  it  is  expected  that 
the  same  cause  will  soon  produce  the  same  effect  throughout  the 
Union.  But,  for  the  interests  of  the  community  at  large  as  well 
as  for  the  purposes  of  the  treasury,  it  is  essential  that  the  na 
tion  should  possess  a  currency  of  equal  value,  credit,  and  use 
wherever  it  may  circulate.  The  constitution  has  intrusted  Con 
gress  exclusively  with  the  power  of  creating  and  regulating  a 
currency  of  that  description  ;  and  the  measures  which  were  taken 
during  the  last  session  in  execution  of  the  power,  give  every 
promise  of  success.  The  Bank  of  the  United  States  has  been 
organized  under  auspices  the  most  favorable,  and  cannot  fail  to 
be  a  valuable  auxiliary  to  those  measures  ;  and  upon  a  reasonable 
estimate  of  the  national  stock  of  the  precious  metals,  there  will  be 
little  difficulty  in  complying  with  the  legislative  demand  for  the 
payment  of  the  public  duties  and  taxes  in  coin  at  the  period 
which  has  been  prescribed. 


INDEX. 


Addison,  Judge  Alexander,  im 
peachment  of,  76-87. 

Address  to  the  Kepublicans  of  Penn 
sylvania,  211. 

Alexandria,  attack  on,  364. 

Alien  Law,  the,  68. 

Alleghany,  riots  in,  in  1794,  150. 

Alloghanv  Mountains,  scenery  of, 
39l. 

American  political  parties,  21. 

American  Revolution,  12. 

An  army  amanuensis,  41. 

Appointing  power  of  State  Execu 
tive,  224. 

Associate  judges,  rights  and  duties 
of,  79-81. 


Barker,  Jacob,  memorandum  in  his 

case.  450. 

Boileau,  Nathaniel  B.,  89. 
Bonaparte,  Joseph,  445,  447. 
Brackenridge,  Judge,  231. 
Braddock,  General,  382,  385. 
Bradford,  David,  36,  38. 
British  Orders  in  Council  of  1793, 

303 
British  outrages  in  the  War  of  1812, 

347-360. 
Burning    of    Washington    by    the 

British,  362. 
Burr,  Aaron,  113. 

his  military  expedition,  118. 
Burrall,  Jonathan,  13. 


Calhoun,  John  C.,  113. 

Canada,  386 

Causes  and  Character  of  the  War 

of  1812,  299-367. 
Circulating  medium  of  the  United 

States,  state  of,  after  the  war  of 

1812-15,  273 


Clay,  Henry,  474,  476,  479. 
Columbian  Magazine,  19. 
Commerce  of  the  United  States  in 

1795,  207-210 
Common  Law.  the,  222. 
Conduct  of  the  Colonies  in  the  Old 

French  War,  382. 
Constitution  of  Pennsylvania,  220. 
Constitution  of  the  United  States, 

its  benefits,  102. 
Constitutional  Convention  of  1787, 

20,  105,  106. 
Crawford,  W.  H.,  letter  from   Mr. 

Dallas  to,  478. 
Croghan,  Colonel,  422 
Customs-receipts     of    the     United 

States  from  1806  to  1811,  275. 


Dallas,  Alexander  James,  early  life 
of,  9,  10. 

family  of,  10. 

marriage,  11. 

leaves  England  for  Jamaica,  11. 

removes  from  Jamaica  to  the 
United  States,  12 

his  personal  appearance,  12. 

his  services  to  the  drama  in 
Philadelphia,  14,  15. 

his  versatility,  16,  17. 

is  admitted  as  attorney  in  the 
supreme  court,  17. 

his  literary  labors,  19. 

attaches  himself  to  the  Demo 
cratic  party,  21. 

becomes  Secretary  of  the  Com 
monwealth  for  Pennsylvania, 
22. 

accompanies  Governor  Mifflin 
as  aide-de-camp  in  1794,  32. 

his  views  of  a  military  life,  43, 
44. 

(483) 


484 


INDEX. 


Dallas,  A.  J.,  his    defence    of   the 
measures  of  suppression,  47. 

his  opposition  to  Jay's  treaty,  50. 

aids  in  establishing  the  Demo 
cratic  Society  of  Pennsyl 
vania,  55. 

his  argument  on  the  trial  of 
Kobert  Worrall,  59. 

his  argument  on  the  trial  of 
William  Blount,  63-66. 

his  defence  of  William  Duane, 
68-72 

is  offered  the  nomination  for 
the  Presidency,  76. 

his  speech  on  the  trial  of  Judge 
Addison,  77-87. 

is  counsel  for  Judges  Shippen, 
Yeates,  and  Smith  in  their 
impeachment,  89. 

is  appointed  United  States  dis 
trict  attorney,  93. 

his  speech  in  the  Olmstead  case, 
97. 

his  opinion  as  to  the  power  of  a 
subpoena  from  a  federal  court, 
120-124 

becomes  secretary  of  the  treas 
ury,  129. 

his  policy  in  that  office,  131- 
134. 

enters  the  War  Department, 
136. 

his  annual  report  for  1815,  138. 

national  bank  established  upon 
his  recommendation,  139. 

he  resigns  from  the  Treasury 
Department,  140. 

his  death,  143. 

personal  characteristics,  143, 
144. 

his  literary  style,  144. 

his  effectiveness  in  public  ad 
dresses,  145. 

Dartmoor  prisoners,  437. 
Declaration  of  Independence  a  com 
pact  of  union,  103. 
Declaration  of  war  of  1812,  126,  338. 
Democratic     Society    of    Pennsyl 
vania.  55-58. 

Duane,  William,  indictment  of,  68. 
Duponceau,  Stephen,  letters  to  Mr. 
Dallas  from,  377-397. 


Early  Philadelphia  lawyers,  18. 
Extradition,  case  of,  26-28. 


Federal  court,  extent  of  application 

of  subpoena  from  a,  120-124. 
Florida,     occupation     of,     by     the 

United  States,  319,  320 
Foreigners,    privileges    of,    in    the 

United  States,  72,  73. 
Franklin's   view  as  to  the  term  of 

naturalization  of  foreigners,  75. 


Gallatin,  Albert,  letter  to  Mr.  Dal 
las  from,  114. 

Grand  juries,  charges  to,  82. 

Great  Britain  and  the  North  Ame 
rican  Indians,  384-387. 


Hallam,  Lewis,  11,  14. 

Hampton,    British    excesses    at,    in 

1813,  360. 
Havre  de  Grace,  burning  of,  in  1813, 

360. 

Hopkinson,  Francis,  19. 
Hopkinson,  Joseph,  7-2. 
House    of   Representatives    chooses 

the  President  in  1800,  111. 


Impeachments.  Mr.   Dallas's  views 

upon,  63-67. 
Impressment  of  American  citizens 

by  Great  Britain,  306,  322 
Indian    atrocities    in    Michigan   in 

1813,  355. 


Jackson,  General,  419. 
Jay's  treaty,  48,  53 

expression  of  disapproval  by  the 
citizens  of  the  United  States, 
49,  50. 
features  of,  160-207. 

nothing  settled  by  it,  163. 
no  real  reciprocity,  164 
an  instrument  of  party,  167. 
violates  the  general  princi 
ples  of  neutrality,  170. 
calculated  to  injure  the  Uni 
ted  States  in  the  friend 
ship  of  other  nations,  176. 
impolitic  and  pernicious  to 
the  domestic  interests  of 
the  United  States,  178. 
the  British  treaty  and  the 
Constitution  of  the  Uni 
ted    States    at   war  with 
each  other,  183. 


INDEX. 


485 


Jay's  treaty,  memorial  of  the  citi 
zens  of  Philadelphia  to  the  Presi 
dent  concerning,  51,  52. 

Jefferson  chosen  President,  113. 
his  financial  policy,  131. 

Jefferson's  library,  407. 

Judicial  politicians,  condemnation 
of,  82,  83. 

Judiciary  in  America,  78. 


Kidnapping,  case  of,  26. 


Lawyers,  early,  of  Philadelphia,  18. 

Lafitte,  355. 

Letters  of  A.  J.  Dallas  : 

as   Secretary  of  the  Treasury, 

234-299. 

describing  the  Whiskey  Insur 
rection  campaign,  33-45. 
arrival  at  Reading,  33. 
Govern  or  Miffl  in 's  conduct, 

33. 

arrival  of  President  Wash 
ington,  34. 
at  Carlisle,  35. 
arrangement   of  the   com 
mand,  35. 

a  narrow  escape,  36. 
Pennsylvania  troops,  37. 
arrival  at  Bedford,  39. 
sublime  scenerv,  39. 
Judge  Peters,  39. 
fever  and  ague,  40. 
a  soldier  amanuensis,  41. 
Washington  takes  leave  of 

the  troops,  42. 
march  from  Bedford  to  the 
summit  of  the  Allegha- 
nies,  43. 
close  of  the  campaign,  44, 

45. 

to  J.  C.  Calhoun,  288-296. 
to  President  Madison,  397-482. 
to    President   Washington,   in 
the  name  of  Governor  Mif- 
flin,  149-159. 
to  K.  Smith,  117. 
to  the  State  banks,  285. 
to  Ways  and  Means  Committee 

in  1814,  235-279. 
Letters  of  Mr.  Stephen  Duponceau 

to  Mr.  Dallas,  377-397. 
Louisiana,  purchase  of,  316. 
Lucas,  Judge,  77. 


McKean,  Governor,  225. 
Madison,  President,  125. 

his  appreciation  of  Mr.  Dallas's 

services,  142. 
letters  of,  to   Mr.  Dallas,  398- 

482. 
view   of,  as  to   the   length    of 

naturalization  term,  75. 
Massacre  at  the  river  Raisin,  355. 
Mifflin,  Governor,  of  Pennsylvania, 

23,  24. 
Military  Peace  Establishment  of  the 

United  States  in  1815,  367. 
the     President's     acknowledg 
ments  to  the  army,  368. 
organization  of  the  army  on  the 

peace  establishment,  370. 
selection  of  the  officers,  371. 
military  stations,  372. 
Ordnance,  Pay,  and  other  De 
partments,  373. 
Military  Academy,  375. 
Miranda,  General,  118,  119 
Monroe  nominated  for   the   Presi 
dency,  139. 


National  bank,  288-296. 

Mr.  Dallas's  advocacy  of,  132- 

134,  138. 

outline  of  a  plan  for  a,  296-299. 
Naturalization  of  foreigners,  72-76, 

311. 
Madison's       and       Franklin's 

views  respecting,  75. 
Neville,  General,  150,  158. 
New  Orleans,  battle  of,  390,  391. 


Official  Letters,  235-299. 

Old   French   War,  conduct   of  the 

colonies  in,  382. 
Oluistead,  Gideon,  case  of,  95. 


Parties,  American,  21. 
Passmore,  Thomas,  case  of,  88. 
Pennsylvania,    early    disregard    of 

the  Constitution  in,  97. 
Pennsylvania  troops  in  the  Whiskey 

Insurrection  campaign,  36. 
Peters,  Judge,  39,  40. 
Philadelphia  in  1790,  23. 
theatres,  14. 


486 


INDEX. 


President  of  the  United  States, 
choice  of,  in  1800,  devolved  on  the 
House  of  Representatives,  111. 


Quids,  the,  92. 
Quid  Mirror,  124. 


Raisin  River,  massacre  at,  355. 
Randolph's  view  as  to  the  term  of 

naturalization  of  foreigners,  75. 
Revolutionary  societies,  55. 
Rittenhouse,  David,  55. 
Rodney,  Caesar  A.,  89. 


Scott,  General,  408. 

Shippen,  Edward,  impeachment  of, 
88. 

Snyder,  Simon,  nomination  of,  for 
Governorship  of  Pennsylvania, 
92. 

State  banks,  letter  to  the,  285. 

State  Executive,  appointing  power 
of,  224. 

State  sovereignty,  Mr.  Dallas's 
views  of,  100-107. 

Subpoena  of  a  federal  court,  its  ap 
plication,  120-124. 


Taylor,  Zachary,  412,  423. 
Tertium  Quids,  92 
Theatres  in  Philadelphia,  14. 
Treasury  of  the  United  States,  state 
of,  at  the    close  of  the  year 

1814,  262. 

ways  and  means  of,  for  the  year 

1815,  206. 

Treasury  notes,  proposed  issue  of, 

268,  269. 

additional  suggestions  concern 
ing,  278. 
letter  to  the  State  banks    con 
cerning,  285. 
Treaty-making  power,  200-204. 


War   of    1812,    exposition    of    the 

causes  and  character  of,  299. 

British  government  demanded 

humiliating  concessions,  300. 

honorable  course  of  the  United 

States,  301. 


"War  of  1812  (continued} : 

Great  Britain  incited  the  sav 
ages  to  hostility,  302. 

order  of  Cabinet  of  8th  June, 

1793,  303. 
of  6th  November,  1793,  304. 

treaty  between  the  United 
States  and  Great  Britain  in 
1795,  304. 

commerce  of  the  United  States 
interfered  with,  305. 

impressment  of  American  citi 
zens  protested  against,  306. 

right  of  search,  309 

naturalized  citizens  to  be  pro 
tected,  311 

overtures  of  the  United  States 
government  on  the  subject  of 
impressment,  313. 

forbearance  of  the  American 
government,  315. 

convention  signed  with  France, 
315. 

treaty  with  Spain  in  1795,  315. 

Louisiana  purchased,  316. 

British  view  of  this  purchase, 
316,  317. 

occupation  of  Florida,  319,  320. 

British  troops  driven  from  Pen- 
sacola,  320. 

aggressions  by  France  and  Great 
Britain  upon  American  com 
merce  in  1813,  321. 

impressment  and  blockades, 
322. 

treaty  proposed  in  1806,  323. 

not  ratified,  324. 

Berlin  decree,  action  of  the  Bri 
tish  government  regarding, 
325. 

hostile  acts  of  the  British  gov 
ernment  in  1807,  326. 

"paper  blockade"  of  the  French 
coast  in  May,  1806,  328. 

French  decree  of  Milan,  331. 

embargo  of  1807,  333. 

France  repeals  her  Orders  in 
Council,  335. 

Great  Britain  refuses  to  follow 
her  example,  337. 

war  declared  by  Congress,  338. 

the  United  States  not  the  ag 
gressor,  338. 

the  war  not  one  of  conquest  on 
the  part  of  the  United  States, 


INDEX. 


487 


War  of  1812  (continued] : 

conduct  of  the  American  gov 
ernment  towards  France, 
340. 

negotiations  for  peace,  345. 
conduct      of      Great      Britain 
throughout  the  war,  345-367. 
"Washington,    burning    of,    by    the 
British,  in  1814,  362,  363. 


"Washington,  Judge  Bushrod,  deci 
sion  in  Olmstead's  case,  109. 
Waterloo,  battle  of,  436. 
Whiskey  Insurrection,  29-46. 

official   letters    of    Mr.    Dallas 

concerning,  149-159. 
President    Washington's    pro 
clamation  in  regard  to,  32. 
Worrall,  Robert,  Mr.  JDallas's  argu 
ment  on  trial  of,  59. 


THE  EXD. 


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